Cases in which an appellate court holds that a state’s standard for punitive liability was not satisfied even though there was sufficient evidence to support liability for the underlying causes of action are regrettably rare. But in Nissan Motor Co.
Guideposts
Mayer Brown's Punitive Damages Blog
Guideposts, published by Mayer Brown, focuses on litigation topics with a particular emphasis on punitive damages law. The blog covers issues such as liability standards, trial strategies, constitutional limits on punitive damages, and appellate court decisions affecting punitive damages awards. It also addresses related areas including employment law, fraud, and civil procedure, often analyzing significant court rulings and their implications for defendants and plaintiffs. The content includes discussions on due process rights, vicarious liability, and the interplay between compensatory and punitive damages. Guideposts serves as a resource for legal professionals interested in the evolving jurisprudence surrounding punitive damages and related litigation challenges.
Latest from Guideposts - Page 7
Chamber of Commerce Institute For Legal Reform Releases Report On Legal Climate In States Around The Country
Congratulations to the Chamber of Commerce’s Institute for Legal Reform for its recently issued report on the legal climate of the various states. The report is a thoroughly researched and elegantly presented compilation of information about various elements of each…
Why Shady Grove Should Be No Impediment To Obtaining Bifurcation In Federal Court
As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least should, require bifurcation when…
Missouri Court Of Appeals Finds Juror Research Into Who Receives Punitive Damages Awards Non-Prejudicial
The Missouri courts seem to provide more than their share of material worthy of comment. In Ross-Paige v. St. Louis Metropolitan Police Department, decided on June 30, a jury had found for the plaintiff, a St. Louis police officer,…
Montana Supreme Court Fails To Reach Constitutionality Of Punitive Damages Cap In Masters Group v. Comerica
A year ago, my colleagues Andy Frey and Rory Schneider wrote this post about a case in which the Montana Supreme Court had been asked to review, among other things, the trial court’s holding that the state’s cap on punitive…
Virginia Supreme Court Holds That Courts May Not Instruct Juries That Punitive Damages Are Disfavored
The drafting of jury instructions on punitive damages presents unique challenges for defense lawyers. On the one hand, it is generally necessary to ask for an instruction that goes beyond existing law in order to preserve the argument that the…
Third Circuit Holds That Under Pennsylvania Law An Insured Against Whom Punitive Damages Have Been Imposed May Not Recover Those Punitive Damages As Compensatory Damages In Bad-Faith Action Against His Insurer
As a matter of public policy, Pennsylvania (like a number of other states) prohibits insuring against punitive damages. But what happens if an insurer refuses to settle a case against a policyholder within policy limits and the policyholder then sustains an…
Why Criminal-Law Statute-Of-Limitations Principles Should Apply To Claims For Punitive Damages
There are not many true affirmative defenses to punitive damages, much less ones that can be established on the face of the complaint. One potential basis for dismissing a claim for punitive damages, which could be particularly useful in environmental…
Texas Supreme Court Limits Amount Of Supersedeas Bond In Decision With Possible Implications For Cases In Which Punitive Damages Are Challenged As Excessive
One of the biggest challenges confronting a defendant that has lost a large judgment is the need to file a supersedeas bond in order to prevent execution on the judgment during the pendency of the appeal. There are good arguments…
West Virginia Supreme Court Of Appeals’ Refusal To Review Punitive Award For Excessiveness Under Due Process Clause Warrants Summary Reversal, Says Chamber Of Commerce In Mayer Brown-Authored Amicus Brief
As readers of this blog and litigants and their attorneys in punitive damages cases well know, the U.S. Supreme Court gets the final say on matters of constitutional interpretation, including the due-process requirements for punitive damages awards. Except if you…