Insurance
Dec. 3, 2013
Too big to pass constitutional muster
There has been relatively little published activity by state appellate courts regarding the size of punitive damage awards until three recent decisions.
Rex Heeseman
JAMS
555 W 5th St Fl 32
Los Angeles , CA 90013-1055
Phone: (213) 253-9772
Fax: (213) 620-0100
Email: rheeseman@jamsdar.com
Stanford Univ Law School
Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.
The "blockbuster" decision of State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003), altered the punitive damages landscape. As partially set forth below, subsequent decisions somewhat clarified that landscape. Still, several related issues remain unclear (e.g., should the appellate court decide the "proper" amount of the punitive damages, or remand for a trial limited to that issue?).
With respect to issues relating to punitive damages, since 2008 the U.S. Supre...For only $95 a month (the price of 2 article purchases)
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