Last October we reported about this case in which the Supreme Court asked the Solicitor General to weigh in on whether the existence of a a statutory cap on punitive damages eliminates the need for due process review of punitive damages awards for excessiveness.  The SG filed a brief taking the position that the case did not merit certiorari because the petitioner did not preserve its argument below, and because there is no circuit split on the issue.  The SG adopted a compromise position on the merits, arguing that caps on punitive damages should “materially inform” a court’s due process analysis, but should not displace the BMW guideposts entirely.

This morning, the Supreme Court denied certiorari.  Justice Barrett did not participate in the vote.