Business Services Industry

Justices to review damages; Standards for appellate review of punitive awards at issue.(Brief Article)

Business Insurance, October, 2000 by HOFMANN, MARK A.

WASHINGTON--The U.S. Supreme Court will review the standards that lower courts use to decide whether punitive damages awarded by trial courts are constitutional. Attorneys agree that although the high court's decision will have some practical impact, it is unlikely to be as significant as the court's landmark ruling in BMW of North America Inc.

vs. Gore, which addressed the constitutionality of punitive damage awards. The case that the justices agreed on Oct. 10 to review, Cooper Industries Inc. vs. Leatherman Tool Group Inc., involves a dispute between two tool manufacturers. Portland, Ore.-based Leatherman claimed in its lawsuit that Houston-based Cooper used pictures of a modified version of one of Leatherman's pocket tools in advertisements promoting its...

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