Overlawyered » punitive damages

No constitutional right to punitive damages, cont’d

Walter Olson — Fri, 04 May 2012 13:56:53 +0000

We’ve already mentioned this in the context of the Chrysler bankruptcy (criticized in some quarters for having divested the reorganized company of punitive damage exposure over pre-bankruptcy conduct) but here’s Drug and Device Law gathering up decisions from various states to confirm that, no, there is no vested or constitutional right to punitive damages:

Constitutional challenges have been rejected under due process, taking, jury trial, open courts and various other state constitutional provisions. It makes sense. While compensatory damages might present a closer question (depending on issues such as retroactivity), there’s simply no constitutional right for one private party to demand that another private party be punished.

Especially not when the putative purpose of the damages, to inflict financial distress on the target, has been obviated by an intervening bankruptcy.

Tags: bankruptcy, Chrysler, punitive damages

No constitutional right to punitive damages, cont’d is a post from Overlawyered - Chronicling the high cost of our legal system

April 11 roundup

Walter Olson — Wed, 11 Apr 2012 04:07:03 +0000

“Public pool owners struggle to meet chair-lift deadline” [Springfield, Ill. Journal-Register, earlier]
Punitive damages aren’t vested entitlement/property, so why the surprise they’d be cut off in an administered Chrysler bankruptcy? [Adler]
More on how Violence Against Women Act (VAWA) reauthorization would chip away rights of accused [Bader, Heritage, earlier]
Defending sale of raw milk on libertarian principle shouldn’t mean overlooking its real risks [Greg Conko/CEI; Mark Perry on one of many heavy-handed enforcement actions against milk vendors]
More tributes to longtime Cato Institute chairman Bill Niskanen [Regulation magazine (PDF), earlier]
Asbestos lawyers wrangle about alleged swiping of client files [Above the Law]
“Nathan Chapman & Michael McConnell: Due Process as Separation of Powers” [SSRN via Rappaport, Liberty & Law]

Tags: asbestos, Cato Institute, Chrysler, colleges and universities, constitutional law, pools, punitive damages

April 11 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

November 23 roundup

Walter Olson — Wed, 23 Nov 2011 13:02:02 +0000

Big win for Ted Frank against cy pres slush funds [CCAF, Fisher, Zywicki, CL&P, @tedfrank ("Ninth Circuit rules in my favor ... but I still think I'm right".)]
“Can the Vatican Be Subject to ICC Prosecution?” [Ku/OJ]
“Tennessee: ATS Sues City Over Right Turn Ticket Money” [The Newspaper]
“Law firms dominating campaign contributions to Obama” [WaPo]
Does that mean it’s an entitlement? Punitive damage limits face constitutional challenges in Arkansas, Missouri [Cal Punitives]
Businessman sues to silence critical blogger, case is dismissed, now files suit #2 [Scott Greenfield]
Going Hollywood? “The Supreme Court should move to Los Angeles” [Conor Friedersdorf]

Tags: Arkansas, Barack Obama, bloggers and the law, Catholic Church, cy pres, Missouri, punitive damages, red light cameras, Supreme Court, Ted Frank

November 23 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Cause for furrowed brows?

Walter Olson — Tue, 03 May 2011 11:44:15 +0000

The maker of Botox is hit with a $212 million jury award [Richmond Times-Dispatch]

Tags: pharmaceuticals, punitive damages, Virginia

Cause for furrowed brows? is a post from Overlawyered - Chronicling the high cost of our legal system

March 24 roundup

Walter Olson — Thu, 24 Mar 2011 13:53:43 +0000

“Woman suing Carnival: Ship sailed too fast, made me sick” [Gene Sloan, USA Today "Cruise Log"]
U.S. Department of Justice sues Illinois school district for denying Muslim teacher’s request for three-week Mecca-trip leave [WaPo]
“California Assembly Says Complying with Government Standards Not Enough to Avoid Punitive Damages” [Cal Civil Justice]
“Four Loko Suit Is an Example of Bogus Economic Loss Classes” [Russell Jackson]
New Benjamin Barton book on lawyer-judge bias reviewed by Larry Ribstein [TotM, earlier]
“Prolific Colorado Consumer Attorney Filed 2/3rds of State’s FDCPA Cases Since 2007″ [ABA Journal]
Different kind of false marking case? Judge says company knowingly claimed inapplicable patent [WSJ Law Blog]
“Extra-special education at public expense” [five years ago on Overlawyered]

Tags: California, class actions, Colorado, cruise ships, debtor-creditor law, patent marking, punitive damages, religious discrimination

March 24 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

March 15 roundup

Walter Olson — Tue, 15 Mar 2011 13:37:58 +0000

“A conversation with class action objector Ted Frank” [American Lawyer]
Reviews of new Lester Brickman book Lawyer Barons [Dan Fisher/Forbes, Russell Jackson] Plus: interview at TortsProf; comments from Columbia legal ethicist William Simon [Legal Ethics Forum]
“Collective Bargaining for States But Not for Uncle Sam” [Adler] Examples of how Wisconsin public-sector unionism has worked in practice [Perry] Wisconsin cop union: nice business you got there, shame if anything were to happen to it [Sykes, WTMJ] “Union ‘rights’ that aren’t” [Jeff Jacoby, Boston Globe]
“Minnesota House Considering Significant Consumer Class Action Reform Measures” [Karlsgodt]
10,000 lawyers at DoD? Rumsfeld complains military overlawyered [Althouse via Instapundit]
“Are Meritless Claims More Prevalent in Copyright?” [Boyden, Prawfs]
Claim: availability of punitive damages reduces rate of truck accidents. Really? [Curt Cutting]
Now with improved federalism: “The Return of the Lawsuit Abuse Reduction Act” [Carter Wood, more, earlier here].

Tags: class actions, copyright, labor unions, Lester Brickman, military, Minnesota, police, public employment, punitive damages, sanctions, Ted Frank, Wisconsin

March 15 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

“Jury Awards Law Professors $5 Million Against West Publishing For Defamatory Pocket Part”

Walter Olson — Wed, 22 Dec 2010 16:44:15 +0000

A major law-book publisher seems to have gone ahead with an update under the authors’ names despite their unwillingness to cooperate. [Max Kennerly; Philadelphia Inquirer]

Tags: libel slander and defamation, Philadelphia, publishers, punitive damages

“Jury Awards Law Professors $5 Million Against West Publishing For Defamatory Pocket Part” is a post from Overlawyered - Chronicling the high cost of our legal system

July 9 roundup

Walter Olson — Fri, 09 Jul 2010 12:51:53 +0000

Many interesting reader comments on post about jury award against manufacturer over injury on bicycle motorized post-sale;
Reimbursed for money never paid: “Calif. Trial Lawyers Welcome Latest Ruling on Recovery of Medical Expenses” [The Recorder]
Update: Defamation suit against travel blogger Chris Elliott resolved successfully [Citizen Media Law, earlier]
Podcast: Northwestern lawprof Steven Calabresi on McDonald (Second Amendment incorporation) case [Federalist Society]
“Provost Umphrey claims banana picker reps siphoned clients, money” [SE Texas Record]
Lawprofs in a NYT flutter about deductibility of punitive damages [Walk, Drug & Device Law] On the merits, Carter at ShopFloor: “Changing Tax Laws to Punish Businesses — Unless They Settle”
Troubled Pacific Law Center to close in San Diego [ABA Journal, earlier]
New York high court rules Atlanta exec cannot invoke New York’s pro-plaintiff state or city laws to contest firing [NYLJ]

Tags: Atlanta, banana pesticide litigation fraud, bloggers and the law, California, forum shopping, guns, New York, punitive damages, taxes

July 9 roundup is a post from Overlawyered - Chronicling the high cost of our legal system

Update on Ogborn v. McDonald’s

Ted Frank — Mon, 23 Nov 2009 21:11:53 +0000

Those of you who have attended my “Law of McDonald’s” talks in California and Florida may recall the case of the strip search hoax. A Florida man who was unusually persuasive would call dozens of fast food restaurants until he could find someone who would believe he was with the police and who would disrobe employees (or themselves) at his instructions; though there have been other lawsuits seeking to blame the fast food restaurants for this, courts have generally thrown them out. One exception was the case of Ogborn v. McDonald’s, where two targets of the hoax successfully sued for millions. On Friday, the Kentucky Court of Appeals largely affirmed the lower court judgment, though it reduced the punitive damages received by Donna Summers (who gave an Alford guilty plea for her role in the strip search) from $1 million to $400,000. McDonald’s hasn’t yet decided whether to appeal to the Kentucky Supreme Court. (Andrew Wolfson, “Appeals court upholds $6.1 million strip-search verdict against McDonald’s”, Kentucky Courier-Journal, Nov. 20, via ABA Journal).

Tags: criminals who sue, deep pocket, failure to warn, Kentucky, McDonald's, personal responsibility, punitive damages, strip search hoax, third party liability for crime, workplace

Update on Ogborn v. McDonald’s is a post from Overlawyered - Chronicling the high cost of our legal system

Thumb-in-the-eye II: Cal Supremes affirm Buell-Wilson

Ted Frank — Mon, 01 Jun 2009 12:57:53 +0000

We’ve been following Buell-Wilson v. Ford for some time, including the U.S. Supreme Court remand. Curt Cutting’s blog has the latest in two April posts here and here. Cal Biz Lit also has good commentary.

Tags: autos, Buell-Wilson v. Ford, California, Ford Motor, punitive damages, San Diego

Thumb-in-the-eye II: Cal Supremes affirm Buell-Wilson is a post from Overlawyered - Chronicling the high cost of our legal system