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
Should divided panels of federal appellate courts really be deciding state-law issues of first impression? That’s what happened last month in Lindenberg v. Jackson National Life Insurance Co. In Lindenberg, two Sixth Circuit...more
1/28/2019
/ Appeals ,
Bad Faith ,
Breach of Contract ,
Constitutional Challenges ,
Damage Caps ,
Death Benefits ,
Denial of Insurance Coverage ,
Insurance Claims ,
Insurance Litigation ,
Life Insurance ,
Policy Terms ,
Punitive Damages
Over the years, we have reported on many cases in which courts adhered to the Supreme Court’s guidance in State Farm (and Exxon Shipping Co. v. Baker) that, when compensatory damages are “substantial, a 1:1 ratio of punitive...more