Punitive Damages: Post-Campbell, Questions Remain

Law360, New York (January 4, 2017, 1:28 PM EST) -- Several circuits and state courts have recently addressed jury awards of punitive damages, citing constitutional limitations for their adjustment. In April 2016, the Tenth Circuit vacated a punitive damage award as to one defendant and reduced an award against another on 14th Amendment due process grounds.[1] In this carbon monoxide poisoning case, the court lowered the $22.5 million punitive award to $1.95 million, reducing the punitive-to-compensatory damages ratio from 11.5:1 to 1:1.[2]

In July 2016, the Texas Court of Appeals similarly lowered a punitive damage award of $115 million to $600,000, a small fraction of the compensatory amount, holding that the...

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