New jury verdict role for courts; Supreme Court's Gasperini and BMW rulings expand excessive damages review

Article Abstract:

Two decisions the US Supreme Court made during the 1995-96 term show that the constitution and the appellate courts have the power to curb excessive jury awards. In BMW of North America v. Gore, the court ruled that a $2mil punitive damages award was a constitutional due process violation and gave three guideposts for determining whether punitive damages were excessive. In Gasperini v. Center for Humanities, Inc., the court ruled that the Seventh Amendment's re-examination clause did not keep federal appellate courts from reviewing federal jury awards for excessiveness.

Diversity jurisdiction, Excessive fines clause (Law)

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High court gets down to business for the fall term: the legitimacy of hugh punitive awards is one of many business-related issues that the court plans to tackle

Article Abstract:

The US Supreme Court will in its 1995-1996 term take up a variety of important business issues with broad implications, as well as some that have large sums at stake. Preeminent among the latter is BMW of North America v. Gore, over a repainting that cost BMW $4000 in compensatory and $2 million in punitive damages. Two cases concern commercial speech, with implication for tobacco regulation and new telecommunications technologies, and others deal with union organizers, the right to a jury trial, and employer-employee relations.

Corporation law

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Justices revisit explosive issues of race and sex: their caseload is lighter, but this year's cases push all the hot buttons

Article Abstract:

The US Supreme Court will hear a number of significant cases in their 1995-1996 term, though it has agreed to hear arguments in only one original jurisdiction case and 39 petitions. Important issues will include challenges to redistricting along racial lines in Texas and North Carolina, constitutional protections for gays in Colorado, the federal law on Native American gaming, excessive punitive damages awards, criminal forfeiture laws, and a political party's right to impose fees on those nominating a candidate.

Civil rights

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