Filed: Apr. 21, 2009
Latest Update: Feb. 21, 2020
Summary: NORTH RIVER INSURANCE CO.;, ONEBEACON AMERICA INSURANCE COMPANY;Inc. v. Gore, 517 U.S. 559, 580 (1996) (noting that one, indicium of an unreasonable or excessive punitive, damages award [under the Due Process Clause] is its ratio, to the actual harm inflicted on the plaintiff, citing, cases).
United States Court of Appeals
For the First Circuit
Nos. 07-2806
07-2821
EMHART INDUSTRIES, INC.,
Plaintiff-Appellee, Cross-Appellant,
v.
CENTURY INDEMNITY COMPANY, as an indirect successor to
Insurance Company of North America,
Defendant-Appellant, Cross-Appellee,
HOME INSURANCE COMPANY; NORTH RIVER INSURANCE CO.;
ONEBEACON AMERICA INSURANCE COMPANY; US FIRE INSURANCE CO.,
Defendants, Cross-Appellees,
LIBERTY MUTUAL INSURANCE COMPANY,
Defendant.
ERRATA SHEET
The opinion of this Court issued on March 13, 2009, is amended
as follows:
On p. 47, lines 5-8: Replace "State Farm Mut. Ins. Co.
v. Campbell, 538 U.S. 408 (2003) (striking down $145
million punitive damages award against insurance carrier,
where jury held that plaintiff was entitled to only $1
million in compensatory damages)." with "BMW of N. Am.,
Inc. v. Gore, 517 U.S. 559, 580 (1996) (noting that one
"indicium of an unreasonable or excessive punitive
damages award [under the Due Process Clause] is its ratio
to the actual harm inflicted on the plaintiff," citing
cases)."
