J&J Seeks High Court Holy Grail: A Cap On Punitive Damages

By Cara Salvatore (March 23, 2021, 9:39 PM EDT) -- If the U.S. Supreme Court reviews Johnson & Johnson's $2.1 billion loss to cancer patients who blamed the company's talcum powder for their illness, the case could be a chance to place new constraints on juries' power to award punitive damages — a change high on the corporate defense bar's wish list for decades.

The high court hasn't considered a punitive damages case in 12 years, although it heard a string of them in the late 1990s and 2000s without creating any broad, line-in-the-sand caps. J&J believes it has the right case to rekindle the justices' interest: the injury litigation known...

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