NJ.com reports that members of the Wilf family, who own the Minnesota Vikings, have been ordered to pay $84.5 million, including $36.8 million in punitive damages, for cheating their business partners out of revenue from an apartment complex. A copy of the judge’s order appears at this link.
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Massachusetts Supreme Court upholds $18 million punitive damages award (Aleo v. Toys R Us)
The Massachusetts Supreme Judicial Court issued this opinion today, affirming a $2.6 million compensatory damages award and a $18 million punitive damages award in a products liability case against Toys R Us. The plaintiff claimed that Toys R Us sold a defective inflatable pool slide that collapsed and severely injured the 29-year-old plaintiff.
The Supreme Court rejected the defendant’s argument that the punitive damages were grossly excessive. The court said that although the defendant’s conduct was “only grossly negligent, rather than malicious or willful,” it was still sufficiently reprehensible to support an $18 million punitive damages award. In California, by contrast, gross negligence alone is not sufficient to support any award of punitive damages. (See, e.g., Flyer’s Body Shop v. Ticor Title Ins.)
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Los Angeles jury awards $32.5 million in punitive damages in asbestos case
This verdict happened last month but we neglected to report it at the time. HarrisMartin reported (subscription required) that an L.A. jury awarded $6.5 million in compensatory damages and $32.5 million in punitive damages. The plaintiffs are the family of a former General Motors employee who died from mesothelioma. The defendant, BorgWarner, manufactured asbestos-containing clutches. We’ll keep an eye on this one as it proceeds to posttrial motions and appeal.
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1,000 posts and counting
Believe it or not, yesterday’s post on Nickerson was our 1,000th post!
When we started up in 2008, we wondered whether we could find enough material to maintain a blog on such a narrowly focused topic. That hasn’t been a problem, as it turns out.
Even more surprisingly, about 400 of you have subscribed to this blog by email, Twitter, or RSS feed. That’s a drop in the bucket compared to the big boys of legal blogging (no one will mistake us for Above the Law), but it’s good enough to place us well within the top 100 most popular legal blogs, according to Avvo.
So thanks to all of you for coming along for the ride Maybe in another five years we’ll be blogging about post #2000.
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Florida jury awards smoker’s family $22.5M in punitive damages
The SunSentinel reports that a Florida jury has awarded $37.5 million, including $22.5 million in punitive damages, to the family of a smoker in a lawsuit against RJ Reynolds.
This is the latest verdict in the on-going series of post-Engle tobacco trials in Florida. The results have been a mixed bag – some defense verdicts, and some plaintiffs’ verdicts, large and small. I suppose RJR should be thankful they didn’t get this jury.
Related posts:
Florida appellate court reverses $79 million judgment in tobacco case
Florida appellate court reverses $40 million punitive damages award in tobacco casePhilip Morris wins sixth straight trial in Florida smoker litigation
Florida jury awards relatively modest punitive damages in smoker lawsuit
Another punitive damages award in Florida tobacco litigation
Florida jury awards $20 million in punitive damages to smoker’s widow
Smoker’s widow wins $12.5 million in punitive damages
Florida trial judge cuts $244 million punitive damages award
Florida jury awards $25 million in punitive damages to smoker’s widow
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Oregon jury awards $18.4 million in punitive damages against Equifax
The Oregonian reports that on Friday a federal jury in Oregon awarded $18.4 million in punitive damages and $180,000 compensatory damages to a woman who spent two years unsuccessfully trying to get Equifax Information Services to fix major mistakes on her credit report.
That’s a ratio of about 102 to 1 between the punitive damages and the compensatory damages. The Oregonian predicts that an appeal is likely. Even more likely, the defendant will file posttrial motions asking the district court to reduce or vacate the award.
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Florida jury awards $1 billion in punitive damages against nursing home
The Ledger of Lakeland County is reporting that a jury in Polk County Florida has awarded $220 million in compensatory damages and $1 billion in punitive damages against two defendants, Trans Healthcare Inc. and Trans Healthcare Management, in a case alleging negligent care at a nursing home owned by the defendants.
The story says the trial was limited to damages because the court entered a default against the defendants when they stopped participating in the lawsuit. They did participate in the damages trial, but their defense was apparently not very persuasive to this jury (to put it mildly).
The story also reports that the same defendants got hit with a $114 million verdict in another case in 2010, and that the plaintiffs in that case are still trying to collect. The plaintiffs in this case are not likely to fare any better, but at least their lawyers can tout their $1 billion victory.
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ABA Journal soliciting nominations for the Blawg 100
The ABA Journal is starting to compile its annual list of the top 100 legal blogs, and is inviting “blog amici” to submit nominations for their favorite blogs. Please consider putting in a good word for Cal Punitives or our sister blog, At the Lectern.
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Orange County jury awards $1M in punitive damages against Dan Harkey
The LA Times is reporting that yesterday a jury in Orange County awarded $1 million in punitive damages against Dan Harkey and his real estate lending company, Point Center Financial, based on allegations that Harkey maliciously breached his fiduciary duties to investors by making ill-advised loans and pocketing fees and commissions from those loans. The total verdict is $10 million, counting the jury’s prior award of $9 million in compensatory damages.
The case has generated a lot of publicity because Harkey is the husband of Assemblywoman Diane Harkey, who was initially named as a defendant but later dismissed.
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Don’t fear the Reader: how to follow this blog’s RSS feed now that Google Reader is dead
If you have been using Google Reader to follow this blog and have just discovered that Google Reader is no more, you may be interested in this piece from Slate: How to Survive the Google Reader Apocalypse.