Law, Strategy, and Risk in Commercial Disputes
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.
The right to due process limits an award of punitive damages to, oh, about 10 times the amount of actual damages. State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003).
Does the same 10x cap apply to a verdict falling within a range that Congress set by statute?
No, it doesn't, the…
The Third Circuit held today that a New Jersey law barring the sale of more than one "handgun" to any person (other than collectors, target-shooters, and others who claim an exemption) doesn't violate the due process rights of people who want to purchase at least two handguns in a month. Ass'n New Jersey Rifle & Pistol Clubs v. …
The town that Blawgletter grew up in included people who would ask you to stand or sit someplace else so they could watch the Andy Griffith Show by saying "you've been drinking muddy water". The gentleness of the nudge made moving easy. And it still makes us smile.
Today, a ruling out of the Seventh…