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Expert Analysis

Impact Of Justices' Excessive Fines Ruling Will Vary By State

By Vince Farhat and Kristin Asai (April 16, 2019, 1:17 PM EDT) -- On Feb. 20, 2019, the U.S. Supreme Court issued its decision in Timbs v. Indiana,[1] in which it unanimously ruled, for the first time, that the Eighth Amendment's excessive fines clause is applicable to the states through the Fourteenth Amendment's due process clause. The Timbs decision puts all U.S. states and cities on notice that their asset forfeiture rules and other fine regimes must comply with the Eighth Amendment. As such, Timbs potentially provides a new basis for individuals or companies to challenge fines that are grossly disproportionate to the behavior at issue or actual financial harm caused....

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