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AnotherMcIntosh

(11,064 posts)
42. Great wealth can apparently overcome the punitive-damages guidelines of the Supreme Court
Tue Apr 16, 2013, 03:43 AM
Apr 2013

which are applicable to ordinary folk.

Koch was only seeking $320,000 in compensatory damages but the jury awarded $12 million in punitive damages. The ratio greatly exceeds the 4:1 ratio which the Supreme Court has indicated as being potentially violative of the Due Process clause. Exceptions, however, are for the rich.

In response to judges and juries which award high punitive damages verdicts, the Supreme Court of the United States has made several decisions which limit awards of punitive damages through the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. In a number of cases, the Court has indicated that a 4:1 ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety, and that any ratio of 10:1 or higher is almost certainly unconstitutional. However, the Supreme Court carved out a notable exception to this rule of proportionality in the case of TXO Production Corp. v. Alliance Resources Corp., where it affirmed an award of $10 million in punitive damages, despite the compensatory damages being only $19,000, a punitive-to-compensatory ratio of more than 526 to 1. In this case, the Supreme Court affirmed that disproportionate punitive damages were allowed for especially egregious conduct (the trial court in the same case purportedly said "What could be more egregious than the vice president of a company saying, well, testifying and saying that he knew all along that this property belonged to Tug Fork?&quot [20]

In the case of Liebeck v. McDonald's Restaurants (1994), 79 year old Stella Liebeck spilled McDonald's coffee in her lap which resulted in second and third degree burns on her thighs, buttocks, groin and genitals. The burns were severe enough to require skin grafts. Liebeck attempted to have McDonald's pay her $20,000 medical bills as indemnity for the incident. McDonald's refused, and Liebeck sued. During the case's discovery process, internal documents from McDonald's revealed the company had received hundreds of similar complaints from customers claiming McDonald's coffee caused severe burns. At trial, this led the jury to find McDonald's knew their product was dangerous and injuring their customers, and that the company had done nothing to correct the problem. The jury decided on $200,000 in compensatory damages, but attributed 20 percent of the fault to Liebeck, reducing her compensation to $160,000. The jury also awarded Liebeck $2.7 million in punitive damages, which was at the time two days of McDonald's coffee sales revenue. The judge later reduced the punitive damages to $480,000. The case is often criticized for the very high amount of damages the jury awarded.

http://en.wikipedia.org/wiki/Punitive_damages

Recommendations

0 members have recommended this reply (displayed in chronological order):

What a silly asshole. Suing over overpriced wine? Cooley Hurd Apr 2013 #1
Tort reform is for thee (peons) not for me. PA Democrat Apr 2013 #3
Yes, the very people who scream for tort reform PA Democrat Apr 2013 #2
"says he may use the proceeds to establish a fund to confront auction fraud" 0rganism Apr 2013 #4
I feel bad for the 1%. There very nature makes them a target for fraud. rhett o rick Apr 2013 #5
Koch drank my pickup truck. GiveMeFreedom Apr 2013 #6
Nicely done! lexw Apr 2013 #40
K&R ....sonofa... ...Equal Justice Under Law..... n/t johnnyreb Apr 2013 #7
Purportedly from Hitler's personal collection or something? moondust Apr 2013 #8
Hold the bottle formercia Apr 2013 #9
off subject, that line reminded me of... louis-t Apr 2013 #22
True story formercia Apr 2013 #26
A thousand times? Then maybe he said it more than he did it. AnotherMcIntosh Apr 2013 #41
I don't get your point formercia Apr 2013 #43
IMO, he was speaking somewhat with nostalgia after Oct 1939 because they were no longer married. AnotherMcIntosh Apr 2013 #44
True, perhaps, but Hollywood is a different dimension. formercia Apr 2013 #45
Meanwhile 47of74 Apr 2013 #10
Oh no, you misunderstood him gollygee Apr 2013 #11
These assholes have no conscious. Initech Apr 2013 #12
He got the best justice money can buy. nt SunSeeker Apr 2013 #13
Justices. I'm sure he's bought more than one. nt valerief Apr 2013 #25
Kick. johnnyreb Apr 2013 #14
do as I say...not as I do ZRT2209 Apr 2013 #15
Wow, punitive damages that high over wine are imo excessive. cstanleytech Apr 2013 #16
punitive to the tune of half a million per bottle.... Theyletmeeatcake2 Apr 2013 #18
For $13,333 per bottle mythology Apr 2013 #17
Tangent: a very interesting article on wine fraud Recursion Apr 2013 #19
K&R. Wish your headline was used by Reuters too. Overseas Apr 2013 #20
Hope he doesn't drown in his 12 bottles of wine? Rosa Luxemburg Apr 2013 #21
Appeal the decision! santamargarita Apr 2013 #23
The wine fraud crisis has reached critical mass in the rarified world of the ruling class. valerief Apr 2013 #24
Let them drink Boones Farm lunasun Apr 2013 #27
Let them drink their own piss! nt valerief Apr 2013 #29
David and Charles Kock are the main "Koch Brothers", not William happyslug Apr 2013 #28
I've always used Bill as a comparison to Ross Perot... rwsanders Apr 2013 #38
This lawsuit was NOT frivolous and Koch was 100% correct badtoworse Apr 2013 #30
I think it's the massive damages asked for that makes it seem insipid brett_jv Apr 2013 #36
Rich People Problems Caeser67 Apr 2013 #31
All in the Family Gestas Apr 2013 #32
She's married to Robert Koch blogslut Apr 2013 #33
are you sure it's a completely different family? i've read it's the same family, though i've not HiPointDem Apr 2013 #35
Welcome to DU Gestas! hrmjustin Apr 2013 #34
You know what would have prevented this fraud? Better regulation. (nt) Nine Apr 2013 #37
I hate this duo. lexw Apr 2013 #39
Great wealth can apparently overcome the punitive-damages guidelines of the Supreme Court AnotherMcIntosh Apr 2013 #42
The $12mil was punitive damages - Koch didn't, legally couldn't, ask for that much. sir pball Apr 2013 #46
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