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Chamber Steps Up Fight Against Excessive Punitive Damages; Marks Anniversary of Landmark State Farm Supreme Court Ruling.


Business Editors/Legal Writers

WASHINGTON--(BUSINESS WIRE)--April 28, 2004

The United States Chamber of Commerce The United States Chamber of Commerce is the world's largest not-for-profit business federation, representing
  • 3,000,000 businesses (via its Federation of local chambers and association members. Actual direct membership is several tens of thousands.
 Institute for Legal Reform (ILR ILR Industrial and Labor Relations (Cornell University school)
ILR Institute for Legal Reform
ILR Indefinite Leave to Remain (United Kingdom)
ILR Institute for Learning in Retirement
) today hosted a strategy forum with America's top legal experts on new strategies to curb excessive punitive damage awards that threaten the vitality of U.S. businesses.

"The huge amount of money pocketed by unscrupulous trial lawyers is destroying businesses, raising consumers' costs, and threatening the jobs of thousands of workers," said Lisa Rickard, president of ILR. "Last year's success calls for more work to solidify our victory, or we risk being undone by half-measures and misguided rulings."

Nearly one year to the day after a landmark U.S. Supreme Court decision limiting excessive punitive damage awards, a Utah Supreme Court The Utah Supreme Court is the state supreme court of Utah. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices.  decision failed to comply with the guidelines laid out by the higher court, according to many legal experts.

In State Farm Mutual Automobile Insurance Co. v. Campbell, the U.S. Supreme Court held that excessive punitive damages Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer.  were unconstitutional and sent the case back to the Utah Supreme Court for further review. The Supreme Court indicated that punitive damages generally should not exceed a low multiple of compensatory damages A sum of money awarded in a civil action by a court to indemnify a person for the particular loss, detriment, or injury suffered as a result of the unlawful conduct of another.  and that double digit ratios would hardly ever pass constitutional muster, except in those few cases with small compensatory damages and highly reprehensible rep·re·hen·si·ble  
adj.
Deserving rebuke or censure; blameworthy. See Synonyms at blameworthy.



[Middle English, from Old French, from Late Latin repreh
 conduct.

The Utah Supreme Court review of the State Farm case left a punitive damage multiplier of 9:1 in place.

"Utah has shown us that last year's victory was far from a silver bullet," said Rickard. "That is why we have been filing amicus briefs in state and federal appellate courts around the country, expressing the business community's views on the importance of complying with the Supreme Court's ruling."

The mission of the Institute for Legal Reform is to make America's legal system simpler, fairer and faster for everyone. The U.S. Chamber of Commerce The U.S. Chamber of Commerce is the world's largest not-for-profit federation of businesses, representing more than 3 million businesses and organizations in the United States. As of 2003, the chamber was comprised of 3000 state and local chambers and 830 business associations.  is the world's largest business federation, representing more than three million businesses and organizations of every size, sector and region.
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Publication:Business Wire
Date:Apr 28, 2004
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