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Nickerson v. Stonebridge Life Ins. Co.
(Cal., filed June 2014): Arguing that an award of attorney fees should not be included in the calculation of the ratio of punitive to compensatory damages required as part of a due process analysis.
Court ruled in favor of plaintiffs and held that attorney’s fee awards in bad faith cases can be included in the calculation of the ratio of punitive to compensatory damages, regardless of whether the fees are awarded by the trier of fact as part of its verdict or are determined by the trial court after the verdict has been rendered. Opinion released on June 9, 2016.
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