We congratulate our Editor-in-Chief Evan Tager for his inclusion in the National Law Journal’s inaugural list of fifty “Litigation Trailblazers and Pioneers.” The NLJ recognized Evan for, among other things, his groundbreaking efforts to limit punitive damages. It highlighted his
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 9
Federal District Court Upholds 13:1 Ratio Based On Defendant’s Wealth
We have noticed a disturbing trend recently of courts upholding punitive damages awards that are high multiples of the compensatory damages. One example is Mitri v. Walgreen Co., in which the U.S. District Court for the Eastern District of…
Why Courts Should Not Defer To Phantom Factual Findings When Reviewing Punitive Damages Awards For Excessiveness
Everyone who follows punitive damages law knows that the Supreme Court has identified three guideposts for determining whether a punitive award is excessive under the Due Process Clause: (i) the degree of reprehensibility of the defendant’s conduct; (ii) the ratio…
UNANIMOUS EN BANC PANEL OF NINTH CIRCUIT HOLDS THAT TITLE VII CAP OBVIATES NEED TO REVIEW TITLE VII PUNITIVE AWARDS FOR EXCESSIVENESS UNDER BMW GUIDEPOSTS
Earlier this year, the Ninth Circuit granted en banc review in Arizona v. ASARCO LLC to consider whether a punitive damages award that is subject to Title VII’s cap of $300,000 could nonetheless be unconstitutionally excessive when the compensatory damages…
SUPREME COURT OF LOUISIANA STRIKES DOWN PUNITIVE DAMAGES AWARD ON RES JUDICATA GROUNDS
The U.S. Postal Service advertises that “shipping isn’t complicated.” Taking a page from the Postal Service’s book, the Supreme Court of Louisiana on Tuesday said much the same thing about res judicata. In a concise unanimous decision, the court…
Washington Legal Foundation To Host Webinar On No-Injury Class Actions
Although this doesn’t have anything to do with punitive damages, readers of this blog may find an upcoming webinar sponsored by the Washington Legal Foundation to be of interest. The webinar, which features my partner Andy Pincus and Jones Day…
Jury Imposes $185 Million Punitive Award Against AutoZone In Individual Pregnancy Discrimination Case
Earlier this week, a federal jury in San Diego imposed a punitive damages award of $185 million against AutoZone in a case alleging pregnancy discrimination and retaliatory discharge. The punitive damages are a whopping 212 times the $872,000 in compensatory…
When Is A 99.6% Reduction Of A Punitive Damages Award Not Enough? When The Original Award Was $9 Billion And There Are Thousands Of Other Plaintiffs Seeking Comparable Awards.
A jury in the Western District of Louisiana made headlines last spring when it awarded a stunning $9 billion in punitive damages to a plaintiff who contended that the diabetes drug Actos caused his bladder cancer. Last week, the district…
Corporate Finances: Punitive Damages’ 800-Pound Gorilla
It seems perfectly obvious, to this writer at least, that by far the most significant factor fueling the drive over the past several decades to ever larger punitive awards is evidence of corporate finances, and jury instructions and arguments that…
Seventh Circuit Issues Important Decision On “Hindsight Bias” In Punitive Damages Cases
Many states restrict punitive damages to situations in which the defendant either intended to injure the plaintiff or disregarded a substantial risk of injury. Regrettably, courts often misapply the latter basis for punitive damages in a way that undermines its…