Matthew P. Vandall

Firm(s):

Jones Day

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Articles:

Does California Make A Good Neighbor For State Farm? Or Are California Courts Misapplying The Supreme Court's Punitive Damages Analysis? - Part II

Thursday, April 1, 2004

Punitive Damages Based Upon Out-of-State Conduct Does Not Further Any Legitimate State Interest No state may punish a defendant for engaging in lawful conduct. "To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort." Gore, 517 U.S. at 573 n. 19 (quoting Bordenkircher v Hayes, 434 U.S....
Does California Make a Good Neighbor For State Farm?Or Are California Courts Misapplying the Supreme Court's Punitive Damages Analysis? - Part I

Monday, March 1, 2004

Part II of this article appears in the April 2004 issue of The Metropolitan Corporate Counsel.California Courts are struggling to apply the punitive damages analysis mandated by the United States Supreme Court in State Farm Mutual Auto. Ins. Co. v. Campbell, 123 S. Ct. 1513 (April 7, 2003). State Farm represents a paradigm shift in punitive damages analysis...