Another punitive damages award bit the dust last Friday because the district court failed to instruct jurors not to punish the defendants for bad things that happened to other people. For the second time in a week, the Ninth Circuit held that Philip Morris USA Inc. v. Williams, 127 S. Ct. 1057 (2007)
Ninth Circuit Defines “Frivolous” and “Vexatious”, Upholds Sanctions on Repeat Filer and Counsel
The Ninth Circuit on Friday affirmed orders declaring a professional plaintiff and the law firm representing him "vexatious litigants" and requiring them to get permission before filing Americans with Disabilities Act claims in the Central District of California. The litigant, Jarek Molski, had filed more than 400 ADA cases in California alone, and the Frankovich
First Circuits Splits with Fifth over “Light” Cigarettes
The First Circuit yesterday reversed a summary judgment for Philip Morris on claims that it violated state law by misrepresenting cigarettes as "light" and having "lowered tar and nicotine". The misrepresentations, the plaintiffs alleged, led them to smoke more and inhale more deeply. The court held — contrary to the Fifth Circuit in Brown v.
Texas in a Class of Its Own
Yesterday, the Supreme Court of Texas extended the defendants’ win streak in defeating class actions to 13-1 since 2000. In Stonebridge Life Ins. Co. v. Pitts, No. 06-0655 (Tex. Aug. 31, 2007), the Court held that individual issues predominated because the defendants wanted to assert "equitable defenses" to the plaintiffs’ "money had and received"
An Unseemly Rush to Deny Katrina Koverage?
The Fifth Circuit yesterday rejected — for at least the fourth time this year — a claim that a homeowner’s insurance policy covered losses resulting from Hurricane Katrina. Essentially, the court held that homeowners can’t recover for damage from gale-force wind if a later surge of water would have caused the harm anyway. Leonard v.
Ninth Circuit Chunks $52 Million Punitive Award
Court also provides guidance on evidence and instructions.
In 1999, a Ford F-350 pickup truck rolled over three-year-old Walter White in his driveway. He died. His parents sued. The jury awarded $2,305,435 in actual damages plus $150,884,400 in punitives. The Ninth Circuit affirmed the compensatory part but reversed the punitive award and remanded for a
No Class Without Substance, First Circuit Decides
The First Circuit held yesterday that a statute that confers a procedural right to bring a class action under a separate antitrust statute doesn’t trump the absence of a substantive cause of action under the antitrust statute. Diaz-Ramos v. Hyndai Motor Co., No. 06-2026 (1st Cir. Aug. 30, 2007) (applying Puerto Rican law).
Blawgletter
Wages of Low Wages
Blawgletter don’t know much about the economy. We ain’t got no stinkin’ Ph.D. in the dismal science, nor can we hang a masters degree certificate on our office wall. But we do wonder whether Economics has anything to say about the effect of higher wages on business support for worker training and education.
We hear
Fun to Stay at the F-C-R-A
Today, the Third Circuit distinguished a recent Supreme Court decision in reversing a summary judgment against borrowers under the Fair Credit Reporting Act. The court held that a mortgage insurer must send a borrower an "adverse action" notice if it relies on the borrower’s credit report in charging more than its lowest premium. The court
Thank You, Deliberations
Trial lawyer and law blogger Anne Reed.
Blawgletter got a most kind write-up yesterday in Anne Reed‘s delightful Deliberations.
A shareholder at Reinhart Boerner Van Deuren in Milwaukee, Ms. Reed writes with warmth, wit, and humor about law, news, and thoughts about juries and jury trials. We subscribe, and so should you.
Barry