Law Practice
Aug. 5, 2016
Ruling shows challenges to post-trial attacks on punitive damages
From the defendant's perspective, getting the trial judge to toss out a punitive damages award a few weeks after trial is much better than a reversal on appeal. But getting post-trial relief means navigating a procedural minefield. By Curt Cutting
Read any press report about a huge punitive damages award and you'll learn that the defendant disagrees with the verdict and vows to appeal. No surprise there. In practice, however, such appeals are often unnecessary. If the award is large enough to cause an appellate judge to raise a suspicious judicial eyebrow (to paraphrase from Justice O'Connor in TXO Production Corp. v. Alliance Resources Corp., 509 U.S. 443, 481 (199...
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