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Law, Strategy, and Risk in Commercial Disputes

2025, Barry Barnett

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125,000:1 Ratio of Punitive Damages to Actual Damages Passes Due Process Test

By Barry Barnett on October 24, 2013

The Ninth Circuit held today that due process allowed a 125,000 to one ratio between punitive and actual damages in a sexual harassment case. Arizona v. ASARCO LLC, No. 11-17484 (9th Cir. Oct. 24, 2013).

The panel cut district court's $300,000 award to $125,000 on the ground that due process would not permit the extra $175,000.

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Barry Barnett, Susman Godfrey L.L.P.

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Barnett is a Fellow in the American College of Trial Lawyers, a partner in Susman Godfrey’s Dallas and New York offices, and a graduate of Yale University and Harvard Law School. With three decades of trial work representing both plaintiffs and defendants, Barnett is a master strategist in complex commercial litigation.

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