If the cost of repairing the damage exceeded 3 percent of the car's sug- 1 The top, hood, trunk, and quarter panels of Dr. Soto-Cuevas was later included in the email discussion. Degree of Reprehensibility Perhaps the most important indicium of the reasonableness of a punitive damages award is the degree of reprehensibility of the defendant's conduct.
In response to BMW's arguments, Dr. The mere existence of a scintilla of evidence to support the non-moving party's position will be insufficient; the evidence must be sufficient for a jury to reasonably find in favor of the non-moving party.
This conduct satisfies the [39 Cal. In addition to protecting defendants from the burdens of "distant litigation," the jurisdictional limits imposed by the due process clause "are a consequence of the territorial limitations on the power of the respective States.
Because we believed that a review of this case would help to illuminate "the character of the standard that will identify constitutionally excessive awards" of punitive damages, see Honda Motor Co.
Our holdings that a recidivist may be punished more severely than a first offender recognize that repeated misconduct is more reprehensible than an individual instance of malfeasance.
It is appropriate, therefore, to reiterate our rejection of a categorical approach. Rhoads nor the fact that Popeck has only submitted an affidavit to evidence her disability are fatal to her claim.
In such a situation, jurisdiction is reasonable because the manufacturer or distributor has invoked the benefits and protections of the forum's laws.
Thus, we have said that 23 "The flagrancy of the misconduct is thought to be the primary consideration in determining the amount of punitive damages. This information was vital, as a road closure meant a detour of significant length, and time, given the distance between state highways in the mountains.
Under the applicable framework: Third, Popeck complains that employees in Rawlings Co.
In Gray, the nonresident component part manufacturer was subjected to jurisdiction in the forum state on the ground that it received a benefit when products incorporating its parts were sold in the [39 Cal. Gore's car was as good as a car with the original factory finish.
The fact that a multimillion dollar penalty prompted a change in policy sheds no light on the question whether a lesser deterrent would have adequately protected the interests of Alabama consumers. To avoid such encroachment, the economic penalties that a State such as Alabama inflicts on those who transgress its laws, whether the penalties take the form of legislatively authorized fines or judicially imposed punitive damages, must be supported by the State's interest in protecting its own consumers and its own economy.
The trial court denied the motion, finding that Asahi had the requisite minimum contacts with California and that jurisdiction was fair and reasonable.
The net result of the majority's decision is that a Taiwanese corporation can litigate in California against a Japanese corporation that has absolutely no connection with California in a case in which the California plaintiffs have declared themselves made whole.
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I. v. SAGINAW COUNTY, et al., Defendants-Appellees. No. United States Court of Appeals, Sixth Circuit. February 9, NOT RECOMMENDED FOR FULL-TEXT PUBLICATION ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN BEFORE: GUY, SUTTON, and McKEAGUE, Circuit Judges.Download