Search for: "William V. Campbell"
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27 Feb, 2007 6:02 am
... 1057 (2007), signals the end of class actions for punitive damages. Even before Williams, the great bulk of recent precedent had concluded that aggregation of punitive
damages was an unconstitutional ... Due Process, mostly on the strength of State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S.
408, 416-417 (2003). See In re ... jousting in the trial court, and the former was decided only a week or so before Williams, and is subject to reconsideration and/or further
appeal. Due Process limits both ...
3 Dec, 2008 10:09 pm
... the Supreme Court, but one case going three times? Philip Morris v. Williams was heard again today. And in a remarkable suggestion from the Chief Judge during oral ...
punitive damages issue in light of its new punitive damages ruling in State Farm v Campbell, which gave confusing guidance on the degree
to which the Due Process Clause of ... Fourteenth Amendment is violated by a large award; After considering State Farm v. Campbell, the
Oregon Court of Appeals and then Oregon Supreme Court both affirm ...
25 Jun, 2008 8:56 pm
Today's decision in the Exxon Valdez case (Exxon Shipping Co. v. Baker) will undoubtedly launch a thousand law review articles over the next few months ... 't seem to work, the
Court revisited the issue again in State Farm v. Campbell. While Campbell stopped short of
imposing absolute bright-line limits, the Court ... procedural issue and declined to address the issue of ratios. Some commentators opined that Williams indicated a shift away
from the idea of ratios and substantive limits. (See for example ...
13 Apr, 2008 10:51 am
... about the article caught my eye. First, Allen views the Williams decision as a further tightening of the ratio analysis that the Court adopted in BMW v. Gore and
refined in State Farm v. Campbell: I suggest that Philip Morris is another step in the Court's ... also makes an observation about how
the Court's punitive damages jurisprudence has divided the conservative justices, and how Williams offers some insight as to how Chief Justice Roberts and Justice Alito will come
down on that split: [T]he ...
20 Feb, 2007 5:05 am
... damages and $79.5 million in punitive damages to respondent, the personal representative of Williams' estate. The trial court reduced the latter award, but it was restored by
the Oregon Court ... punishing unlawful conduct and deterring its repetition," BMW of North America, Inc. v. Gore, 517 U. S. 559 , unless a State insists upon proper ... 574; may
threaten "arbitrary punishments," State Farm Mut. Automobile Ins. Co. v. Campbell, 538 U. S. 408 ; and, where the amounts are
sufficiently large, may ...
14 Jul, 2007 10:39 pm
The Eleventh Circuit Court of Appeals ruled in the case of United States v. William C. Campbell that the former mayor of Atlanta will not be given relief. In affirming the conviction, the court rejected Campbell's arguments that he had...
9 Jun, 2008 4:25 pm
... U.S. Supreme Court has granted cert. yet again in Philip Morris v. Williams. The Court's order limits the grant of certiorari to Question 1 presented by ... that they
said all that needs to be said about excessiveness in BMW v. Gore and State Farm v. Campbell. In any event, the Supreme Court's
grant of certiorari in ... has granted in this case (see the update to this post), we will continue to refer to the case as Williams II, because the Supreme Court's opinion will
be the second one it has issued in ...
10 Jun, 2008 7:39 am
Linda Greenhouse reported here on the United States Supreme Court's recent cert grant in Williams II. As we pointed out here, the court granted cert only on the question
regarding the independent state law ground and declined to ... Second, there plainly is a clear majority for this holding and a firm rule that is required to be applied nationwide.
Indeed, the State Farm v. Campbell case was a 6-3 opinion and is controlling authority on this point. Third, the issue raised by the
second question is ...
4 Mar, 2008 2:58 pm
Division Six of the Second District Court of Appeal in Ventura, California has just issued its opinion in Holdgrafer v. Unocal. [Our firm is counsel for defendant Unocal.] Based
on the US Supreme Court decisions in Philip Morris v. Williams and State Farm v. Campbell, the court found the $5 million
punitive damages award was tainted by improperly admitted evidence. We'll offer further thoughts once we've fully digested the decision but, in ...
17 Apr 3:04 pm
... damages award to a 1-to-1 ratio, notwithstanding the U.S. Supreme Court's admonition in State Farm v. Campbell that a 1-to-1 ratio
may be the outer limit in cases involving substantial compensatory damages. The defendant petitioned for ... in Buell-Wilson has moved to dismiss review based on the U.S. Supreme
Court's decision to dismiss certiorari in Williams III. Interestingly, the lawyer who represents the defendant in Roby also represents the plaintiff in Buell-Wilson. He may find
himself on ...
22 Nov, 2006 3:10 pm
... Law, especially in view of the upcoming US Supreme Court decision in Philip Morris v. Williams, which, as one can see from the discussion of the case at SCOTUSblog,
may find the ... . Susko and Edward M. Koch at White and Williams LLP go into greater detail on the holding in Campbell: "Prior to the
Supreme Court's recent decision in ... Process Clause of the Fourteenth Amendment. In light of these concerns, the Court, in the landmark case of [BMW v. Gore], 517 U.S. 559
(1996), outlined a three-part test ...
6 Jun, 2008 5:31 am
... v. Williams entitled "Who's on First? Why Philip Morris USA v. Williams Left Juries Confused About Whose Injuries Can Be Considered When Determining
Punitive Damages." (I don't have a ... Court's prior punitive damages cases, but he did not do so in Williams. He did not write a separate opinion on that basis nor did he join
... s dissent might suggest that he is backing down from his previous dissents in Gore and Campbell, and that he may accept some limitations on
punitive damages in future cases." It ...
24 Oct 12:56 am
... adjudication of punitive damages using the class mechanism is not precluded by Philip Morris USA v. Williams, 549 U.S. 346 (2007). The court reasoned that unlike ...
punitive and compensatory damages can be calculated based on the factors set forth in Campbell." See id., at 17-18. Finally, the court
concluded that the defendant did not ... properly notes, this very issue is currently pending before the Ninth Circuit in Dukes v. Wal-Mart, Inc. Thus, whether such analysis
ultimately survives remains to ...
21 May, 2008 11:42 am
... the approach taken by other courts in the wake of the U.S. Supreme Court's recent decision in Philip Morris v. Williams. This is similar to the argument raised by
plaintiffs in their petition for review. However, as we set forth in our answer to the petition for review, we believe the opinion simply applies the principles set by the United States
Supreme Court in Campbell v. State Farm in precluding plaintiffs from seeking to punish a defendant for its dissimilar conduct toward
non-parties.
9 Aug, 2007 7:59 am
... and 2002, including a grant of 7.5 million options to CEO Steve Jobs, were backdated. In December, the company announced a $105 million restatement to account for those options.
According to an Aug. 8 regulatory filing, compensation committee chairman William V. Campbell,
former compensation committee member Arthur Levinson, and Jerome B. York, who helped conduct the special investigation, received 33.6 percent, ...
16 Jul 8:36 pm
... D. Ill. Oct. 23, 2007) (Campbell bars mass actions, in addition to class actions, for punitive damages); Williams v.
Telespectrum, Inc., 2007 WL 6787411 ... punish for the harm caused others. But we do so hold now." Williams, 549 U.S. at 356-57. It's pretty hard to square this holding ... block
quoted (with emphasis) that precise passage above. The evil the Supreme Court was addressing in Williams when it mentioned "strangers" to litigation was a defendant's inability
to present defenses specific to those ...
26 Feb 10:05 am
... handwriting had been on the wall since State Farm Mutual Auto Insurance Co. v. Campbell, 538 U.S. 408, 416-417 (2003). Since ...
appropriate remedy. Dukes, 474 F.3d at 1242. Then along comes Williams, which establishes outright that punitive damages cannot be based on anything other than ... individual
with an opportunity to present every available defense." Id. And it's clear from the Williams opinion that these constitutionally protected defenses include individualized
inquiries such as a plaintiff ...
30 Jan, 2008 6:30 am
... punishment is primary; however, the State's interest in effectuating its judgment remains significant. Nelson v. Campbell, 541 U.S.
637, 644, 124 S. Ct. 2117, 2123 ... all of which involved appeals by a defendant, rather than by the Government. See, e.g., Williams v. Allen, 496 F.3d 1210, 1215 n.2
(11th Cir. ... States Supreme Court has denied certiorari review of the petitioner's federal habeas petition," Williams, 496 F.3d at 1213, which as "a matter of common sense . .
. eliminates the last possible ...
10 Jul 11:59 am
... would do, raises facial due process concerns.12 Under Philip Morris v. Williams, the Court held that "the Constitution's Due Process Clause forbids a State to ...
Damages, 84 TEX. L. REV. 105 (2005). ↩ E.g., Gertz v. Robert Welch, Inc., 418 U.S. 323, 350 (1974) (noting that ... Philip Morris USA v. Williams, 549 U.S. 346, 353
(2007). ↩ State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. ... & Franze, supra note 6, at 1206. ↩ BMW of N. Am., Inc., v.
Gore, 517 U.S. 559, 580 (1996). ↩ Sheila B. Scheuerman, ...
10 Jan, 2008 9:48 am
... court had actually said classwide determination of punitive damages was OK under pre-Williams due process standards (which was pretty unique in its own right): The
defendant's due ... Cir. 2007) (now withdrawn). The same judges on rehearing took one look at Williams (see our prior post) and headed for the hills. In the new Dukes decision,
... - way beyond anything that the Supreme Court even hinted was permissible in State Farm v. Campbell. Whoa! And Texas isn't even a
particularly liberal jurisdiction ...
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