'BMW' triggers cuts in punies; states are lenient, but federal courts interpret landmark ruling harshly
Article Abstract:
Federal courts have followed the US Supreme Court's holding in BMW of North America, Inc. v. Gore on excessive punitive damage verdicts and reduced or rejected such damages in a number of cases, while state courts have been less likely to follow the BMW trend. Since BMW, about six federal district courts and three federal circuit courts of appeal have cited the decision as a basis for reducing or rejecting punitive damages. The state most closely watched is Alabama, often regarded as a plaintiffs' haven. South Dakota and Idaho are among the states which have upheld large punitive damage awards.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Maryland's highest court makes revolutionary changes in punies
Article Abstract:
The Maryland Court of Appeals has dramatically changed the state's requirements for punitive damage awards with its Feb 14, 1992, decision in Owens-Illinois v Zenobia. A contractual relationship is no longer required, however, plaintiffs must provide 'clear and convincing evidence' that defendants' actions were in 'actual malice.' Previously, gross negligence was the test for punitive damages and the burden of proof was a preponderance of evidence. The court ordered a new trial on damages and reversed the punitive award in Owens-Illinois.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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South Carolina upstart poised for more growth
Article Abstract:
Columbia, SC's Nelson, Mullins, Riley and Scarborough has grown from a 25-lawyer firm ten years ago to 173 lawyers, with five branches in South Carolina and Georgia. Between 1991 and 1992 the firm grew by 40.6 % and now ranks No. 175 on the National Law Journal's annual survey of the country's 250 largest firms. The firm's reputation has been built mainly in the area of products liability defense. Litigation makes up over half of its practice.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1992
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