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Law Practice

Sep. 24, 2009

Punishing Patterns Of Misconduct

William Shernoff and Joel Cohen of Shernoff Bidart Darras Echeverria discuss punitive damage calculations.

DAMAGES

By William Shernoff and Joel Cohen

In TXO Production Corp. v. Alliance, the United States Supreme Court approved a punitive damage ratio of 526 to 1 for a pattern of misconduct. The jury found that TXO engaged in a fraudulent scheme to deny Alliance's title to property that contained valuable oil and gas rights. The jury awarded Alliance $19,000 in compensatory damages and $10 million in punitive damages.

On certiorari to the...

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