Tuesday, October 30, 2018

Motion for Remittitur of Punitive Damages Granted

In the case of Jester v. Hutt, No. 1:15-CV-00205 (M.D. Pa. Aug. 29, 2018 Kane, J.), the court granted a Motion for Remittitur of Punitive Damages.  

According to the Opinion, the court found that an award of $90,000.00 for punitive damages in a defamation case was constitutionally excessive where the jury only awarded $1.00 in actual damages.  

The court also noted that the level of reprehensibility with regards to the Defendant was low under the facts presented.   The court also emphasized that there was no risk of physical injury or danger to the safety of others relative to the underlying event. 

The court cut the punitive damages down to $5,500.00.  

Anyone wishing to review a copy of this decision may click this LINK.

I send thanks to Attorney James M. Beck, of the Philadelphia office of the Reed Smith law firm and the writer of the excellent Drug and Device Law blog for bringing this case to my attention.

UPDATE:  The trial court's decision in this case was overturned by the Third Circuit Court of Appeals in a decision handed down by that Court on August 28, 2019.  Click HERE to view that decision.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.