Last summer, my colleague C.J. Summers and I posted a report about Saccameno v. U.S. Bank National Association, a Seventh Circuit case in which we had filed an amicus brief on behalf of the Chamber of Commerce of the United...more
2/12/2020
/ Amicus Briefs ,
Breach of Contract ,
Chamber of Commerce ,
Compensatory Damages ,
Constitutional Challenges ,
Consumer Bankruptcy ,
Consumer Financial Products ,
Consumer Fraud ,
Consumer Protection Laws ,
Default ,
Denial of Rehearing ,
Excess Policies ,
Loans ,
Mortgages ,
Ocwen ,
Petition For Rehearing ,
Punitive Damages ,
Statutory Violations ,
US Bank National Association
Although the Supreme Court identified three guideposts for evaluating whether a punitive award is unconstitutionally excessive 23 years ago in BMW v. Gore and refined those guideposts 16 years ago in State Farm v. Campbell,...more
7/22/2019
/ Amicus Briefs ,
Appeals ,
Breach of Contract ,
Calculation of Damages ,
Chamber of Commerce ,
Clerical Errors ,
Compensatory Damages ,
Constitutional Challenges ,
Consumer Bankruptcy ,
Consumer Protection Laws ,
Default ,
Loans ,
Mortgages ,
Punitive Damages ,
Statutory Violations ,
US Bank National Association
In an earlier post, I discussed the Supreme Court’s grant of certiorari in Dutra Group v. Batterton, which presents the question whether punitive damages may be awarded under federal maritime law in connection with an...more
Seemingly minor legal issues sometimes can have a surprisingly significant effect. That is particularly true with the ratio guidepost because the effect of any dispute about the guidepost’s application is literally...more
On June 9, 2016, the California Supreme Court issued its decision in Nickerson v. Stonebridge Life Insurance Co., holding that so-called Brandt fees should be treated as compensatory damages when calculating the ratio of...more
Lately, we have had many occasions to criticize courts’ analysis of punitive damages issues, so it is nice for a change to be able to report on the Tenth Circuit’s insightful decision in Lompe v. Sunridge Partners. Readers...more