A recent decision by an 11th U.S. Circuit Court of Appeals panel allows trial judges to reduce punitive damages awards they find "unconstitutionally excessive" and to do so without offering plaintiffs the choice of a new trial. The 3-1 ruling in Johansen v. Combustion Engineering Inc. conflicts directly with both the 2nd and 10th Circuits, which have held that the Seventh Amendment requires plaintiffs be offered a choice of accepting a reduced amount or trying the case again.
April 29, 1999 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
The defendant’s lawyers don’t like it. The plaintiffs’ lawyers aren’t talking, but some of their colleagues say they don’t like it either.
The focus of this double-sided antipathy is a recent decision by a three-judge panel of the 11th U.S. Circuit Court of Appeals. The unanimous ruling allows trial judges to reduce punitive damages awards they find “unconstitutionally excessive” and to do so without offering plaintiffs the choice of a new trial.
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