(To see the first two parts of this post, click here and here). The United States Supreme Court accepted the writ to review the Utah Supreme Court's ruling that the Campbell's $145 million punitive damages verdict was constitutional. And then held that it was not. (See the majority opinion … [Read more...] about State Farm v. Campbell, Part 3
State Farm v. Campbell, Part 2
In Part 1, I gave you the facts for the underlying case. In summary, Campbell was at-fault for causing a wreck which seriously injured Slusher and killed Ospital. State Farm -- Campbell's auto insurance -- took the case all the way to trial. In so doing, it exposed the Campbells to a $135 k … [Read more...] about State Farm v. Campbell, Part 2
State Farm v. Campbell, Part 1
Since I’ve spent the last couple weeks (here and here) talking in generalities about punitive damages, I thought I’d talk specifically about State Farm v. Campbell today. Campbell started off with a tragic, yet common, car wreck. Campbell was driving his car in Utah and decided to pass 6 vehicles … [Read more...] about State Farm v. Campbell, Part 1
Punitive Damages…Even with No Montana Cap, There are Parameters
The Montana Attorney General filed his notice on April 22 that he will intervene in the Butte Local Development Group v. Masters Group International appeal, to defend the constitutionality of Montana's punitive damages cap. In my last post on the Montana punitive damages cap, I said I trusted a … [Read more...] about Punitive Damages…Even with No Montana Cap, There are Parameters
Punitive Damages Caps — Are they Unconstitutional?
You might have heard about the huge Butte jury verdict a couple months ago. Over $52 million, to be more precise. The award was against Comerica, a bank. Essentially, a start-up business was given promises by a bank that reneged on its promises. Several times. I'm not an expert on this jury … [Read more...] about Punitive Damages Caps — Are they Unconstitutional?
Insurance Companies Shouldn’t Get Everything
There's this case we'd been working on. A truck slammed into the back of a car. Our client was in the car and got hurt. Physically hurt. So much so that she had to quit her job and find a different part-time job. Doctor's and physical therapist's orders: no full-time work. The … [Read more...] about Insurance Companies Shouldn’t Get Everything
Thoughts on Halloween
I suppose that whatever your profession, you find yourself viewing life in terms of your day job. Contractors probably do it: "I know why that wall's not plumb.." Dentists do it, "we only have sugar-free candy in our house." Heck, for all I know, marine biologists do it ... Though I don't know … [Read more...] about Thoughts on Halloween
Having a Lawyer as a Parent
I am a parent of two young children. Parenting is difficult, uncharted territory, so I do what is natural to eggheads everywhere: read books on the subject. One particular book expounded the virtues of using the Socratic method to parent. This book argues that, if a parent can guide a child to … [Read more...] about Having a Lawyer as a Parent