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Defendant’s negative net worth does not render punitive damage award reversible

Posted by Steven Vartabedian on

Between 2006 and 2010, ArvinMeritor, Inc., attained $3 billion in sales revenue each year and had an annual cash-flow profit of $111 million, a primary business being manufacturing brake shoes. Its lowest annual profit during this period was $95 million. However, as of 2010, it reported a negative “net worth” of $1.023 billion; the company’s […]

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Another chapter on punitive damages: California’s Bullock v. Philip Morris

Posted by Steven Vartabedian on

Since the United States Supreme Court decided State Farm Mutual Automobile Ins. Co. v. Campbell (2003) 538 U.S. 408, legal scholars have debated the use of the corporate defendant’s wealth and prior conduct in assessing punitive damages, and the stringency/flexibility of the high court’s stated constitutional limitations (“few awards exceeding a single digit ratio between […]

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Tort Claim Is Actionable As Plaintiff May Recover Damages for Reasonable Treatment of Pet Even If Animal Has No Market Value

Posted by Steven Vartabedian on

Recently, the issue of awardability of claimed medical damages against tortfeasors has been a hot appellate topic. The California Supreme Court currently has under submission the case of Howell v. Hamilton Meats concerning medical expenses incurred yet paid to the provider in a lesser sum due to downwardly negotiated collateral medical insurance benefits. (See March […]

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Plaintiff’s Future Medical Damage Award For Tortious Transmission Of Herpes Must Be Based On Substantial Evidence, But Punitive Damages Award Was Not Excessive

Posted by Steven Vartabedian on

After receiving a $6.75 million Riverside County Superior Court jury verdict against him for tortiously transmitting genital herpes to his ex-girlfriend, Aussie hair care products founder Thomas Redmond appealed. In Behr v. Redmond (filed March 2, 2011, certified for publication on March 14, 2011) 2011 DJDAR 3795, the California Court of Appeal, Fourth Appellate District, […]

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