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The U.S. Supreme Court's landmark opinion in State Farm v. Campbell has revolutionized the law of punitive damages. Two recent California Supreme Court cases, Simon v. San Paolo U.S. Holding Co. and Johnson v. Ford Motor Co., have shed light on the proper interpretation of Campbell. These rulings provide guidance to trial and appellate courts in their review of punitive damage verdicts.
This seminar will provide a post-Campbell "state of the law" analysis following the U.S. Supreme Court's "guideposts" for identifying the constitutionality of excessive punitive damages awards. In addition to a detailed survey and analysis of California appellate holdings since the rendering of the Campbell decision, our distinguished speakers will discuss Campbell’s impact on punitive damages litigation from pretrial discovery through trial.
Our panelists are among the top punitive damages lawyers, authors and lecturers in the nation. This is truly a "must see" program for all civil damages litigators.
HIGHLIGHTS:
State Farm v. Campbell
(U.S. Supreme Court)
Simon v. San Paolo U.S. Holding Co.
(California Supreme Court)
Johnson v. Ford Motor Co.
(California Supreme Court)
• Review and analysis of constitutional due process standards in punitive damages actions
• Review and analysis of landmark rulings by the California Supreme Court in Simon v. San Paolo U.S. Holding Co. and Johnson v. Ford Motor Co.
• Specific factors in determining the reprehensibility of defendant's conduct
• Constitutionally permissive ratios in punitive damages cases
• Recognized exceptions to the single-digit ratio "rule"
• Deterrence as a consideration after Campbell
• Defendant’s wealth as a consideration after Campbell
• Disgorgement and recidivism theories after Campbell
• De novo review: The practical impact of appellate review vs. remittitur
Preparation and Trial of Punitive Damages
Actions After Campbell, Simon and Johnson
• Plaintiff's and defendant's perspective
• Affirmative defenses
• Reliance on advice of counsel
• Procedural strategies: Advantages and disadvantages of bifurcation
• Standards and factors governing amount of punitive damages
• Jury Instructions in punitive damages cases
• Special considerations for directed verdict, judgment notwithstanding the verdict and new trial |
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Panelists |
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Harvey R. Levine -- Levine, Steinberg, Miller & Huver, San Diego |
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Theodore J. Boutrous, Jr. -- Gibson, Dunn & Crutcher LLP, Los Angeles |
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