Law360, New York (January 25, 2012, 10:16 PM ET) -- A California appeals court on Wednesday affirmed a $8.5 million jury verdict against oil and gas producer Aera Energy LLC — accused of polluting neighbor Starrh & Starrh Cotton Growers' groundwater — but reversed the trial court's ruling denying punitive damages.
The appeals court ordered a new trial on punitive damages, saying the trial court had erred when it submitted a factual question to the jury regarding the punitive damages without allowing the parties to argue or present evidence on the issue.