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Expert Analysis

Punitive Damages: Post-Campbell, Questions Remain

By Allison Ebeck, Eckert Seamans Cherin & Mellott LLC ( January 4, 2017, 1:28 PM EST) -- Several circuits and state courts have recently addressed jury awards of punitive damages, citing constitutional limitations for their adjustment. In April 2016, the Tenth Circuit vacated a punitive damage award as to one defendant and reduced an award against another on 14th Amendment due process grounds.[1] In this carbon monoxide poisoning case, the court lowered the $22.5 million punitive award to $1.95 million, reducing the punitive-to-compensatory damages ratio from 11.5:1 to 1:1.[2]...

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