(9th Circ., filed August 29, 2018): Arguing punitive damages exceeding a 1:1 ratio are inconsistent with due process where there is a multi-million dollar compensatory damage award for a purely economic injury. Supreme Court jurisprudence reserves punitive damage awards exceeding compensatory damages for cases involving low compensatory awards, physical harm, or exceptional circumstances. Also arguing that due process requires a class action avoid using individualized evidence of class representatives as a shortcut for showing common classwide evidence.
On July 23, 2020, the Court found that the plaintiff, Bahamas Surgery Center, lacked standing because it had not purchased the gowns from defendant Halyard Health. As Bahamas Surgery Center lacked standing to sue in its own right, it could not bring claims on behalf of a class. With respect to Kimberly-Clark, the Ninth Circuit found that the trial court should have decertified the fraudulent concealment class because the materiality of the industry rating varied among class members. It remanded the case with an order to vacate and dismiss.
The American Tort Reform Association (ATRA) is disappointed to learn that the U.S. Court of Appeals for the Third Circuit ruled against LTL Management, LLC in a case regarding the […]
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
Arbitrary, excessive punishments result from lack of clarity under some laws
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation
