Constitutional law - Due Process Clause - Third Circuit holds that $50 million punitive damages award in context of a $48 million compensatory award its unconstitutionally excessive. Inter Medical Supplies, Ltd. v. EBI Medical Systems, Inc
Article Abstract:
The U.S. 3d Circuit Court of Appeals in Inter Medical Supplies, Ltd. v. EBI Medical Systems struck down as excessive under the Due Process Clause of the 14th Amendment, punitive damages in excess of damages awarded to compensate for economic harms. The court incorrectly interpreted a U.S. Supreme Court case allowing large punitive damages awards where defendants have advance notice that such awards could result from their conduct.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1999
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Developments in the law - the paths of civil litigation
Article Abstract:
A survey of developments in civil litigation is presented which includes discussions of issues concerning suits against the handgun industry claiming public nuisance, reform of punitive damages standards, class action reform, attorney fees in class actions, and alternative dispute resolution.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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Recovering the costs of public nuisance abatement: the public and private city sue the gun industry
Article Abstract:
The author discusses how several cities have sued the gun industry for damages resulting from gun use under an abatement of public nuisance cause of action. The theoretical bases of such suits are assessed and potential improvements are suggested.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 2000
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- Abstracts: Constitutional law - Commerce Clause - Fourth Circuit rules that Violence Against Women Act is an unauthorized exercise of Congressional authority - Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820 (4th Cir. 1999) (en banc), cert. granted sub nom. United States v. Morrison, 120 S. Ct. 11 (1999)
- Abstracts: Statutory interpretation - Second Circuit holds that health care funds lack standing to sue tobacco companies under RICO - Laborers Local 17 Health & Benefit Fund v. Philip Morris, Inc
- Abstracts: Constitutional law - First Amendment - Establishment Clause - Fourth Circuit holds that a school board policy allowing a religious group to distribute Bibles in public school does not violate the Establishment Clause
- Abstracts: Antitrust law; IP owners' refusals to deal. In ruling on antitrust, does Fed. Circuit overstep? Its exertion of jurisdiction over nonpatent issues puts district courts in bind over precedents
- Abstracts: Federal Dilution act at 5: a qualified success story; owners of famous marks have found relief, although circuits split over issue of actual harm