Justices still seem split on punies

Article Abstract:

The US Supreme Court on Oct 11 heard arguments in its fifth punitive damages case in six years, the same week it took up a high-profile gay-rights challenge. BMW of North America v. Gore looks at the Alabama Supreme Court's reduction of a jury award from $4 million to $2 million, in a case with compensatory damages of $4,000. At issue are potential violation of the 14th Amendment's due-process clause, and punishment for conduct outside Alabama and not shown to be illegal. The gay-rights case concerns Colorado's Amendment 2.

Gays

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Tort reform tries one more time: Supreme Court will hear a photographer's case that may end verdict reductions

Article Abstract:

The US Supreme Court confronts in Gasperini v. Center for Humanities whether the Seventh Amendment's reexamination clause prohibits juries from deciding whether a jury verdict has been excessive and whether federal courts deciding this issue should use a federal- or state-law standard in diversity cases. The federal circuits split over the latter issue. Some observers feel that review of jury awards for excessiveness is a veiled attempt by corporate America to take on the constitutionally protected right to jury trial.

Limitation of damages, Limitations of damages, Excessive fines clause (Law)

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Punitives at issue, yet again; Justices examine either 'mirage' or 'crisis.' (US Supreme Court to rule on punitive damages again in TXO Production Corp. v. Alliance Resources, Inc.)

Article Abstract:

The US Supreme Court will hear oral arguments in TXO Production Corp v Alliance Resources, Inc, to speak on the substantive and procedural limits to punitive damages. TXO is the Court's third punitive damages case in four years, and tort reformer Andrew L. Frey feels that it is the legislature's place to reform this remedy, perhaps through reforming the common law. He states that maybe an entity similar to a sentencing commission would be an effective venue for setting punitive damages.

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