(U.S., filed December 15, 2022): Arguing that the Court should grant certiorari to place rational boundaries on the unpredictable and near limitless imposition of “per violation” civil penalties. Also, the Court should provide a constitutional backstop when the lack of clarity under unfair or deceptive acts and practices (UDAP) laws leads to arbitrary punishment. Lastly, the court should provide consistency between safeguards governing arbitrary and excessive punishment in other areas.
This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]