Justices quiz lawyer on excessive awards review
Article Abstract:
Jonathan S. Abady made his first appellate argument before the US Supreme Court in Gasperini v. Center for Humanities. The case could mark the end of federal appellate review of damages deemed excessive. The 7th Amendment was used as a basis to challenge the US Court of Appeals for the 2nd Circuit's ruling. The amendment holds that facts tried by a jury can only be re-examined according to common law. The question is whether the amendment permits review of damages awards where no trial error was made.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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Punies decision gives business potent ammo
Article Abstract:
The US Supreme Court's ruling in BMW of North America v Gore, an excessive- damages case, is a short-term victory for BMW with unclear long-term implications. It could set a precedent for lower punitive damages, especially when the punitive amount vastly outweighs the compensatory amount. The Court's handling of 18 more punitive damages cases will signal how it wants its decision interpreted by lower courts. Its comparison of statutory penalties to the punitive amount troubles some observers.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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'BMW' punies ruling may upend Food Lion verdict; appeals experts also say ABC News can turn to the First Amendment
Article Abstract:
ABC News would have both the First Amendment and the US Supreme Court's ruling in BMW v. Gore that a punitive damages award was excessive on its side if it chose to appeal the $5.5mil punitive damages award against it in litigation brought by Food Lion Inc. Newsgathering enjoys constitutional protection, which must be considered when setting the size of punitive damages, even when they are for fraud and trespass.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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