Continental Carbon Co., et al. v. Action Marine, Inc., et al.

Case Updates

NCLC urged the Supreme Court to grant review to consider whether the $17.5 million punitive damages award in this case violates the standards articulated in State Farm v. Campbell. In this case, the Eleventh Circuit failed to heed the Supreme Court’s guidance that a punitive damages award should be limited where there is a large compensatory damages award. In addition, the court of appeals did not compare defendant’s conduct to the conduct of other defendants in punitive damages cases. In its brief, NCLC noted its continuing concern about the failure of lower courts to faithfully apply the relevant constitutional guideposts.