Casey v. Kaiser Gypsum Co.
- Case Date: 3/21/2016
- Project Name: Limiting Punitive Damages
On April 28, 2016, the California Supreme Court issued a one-sentence order declining to review a lower-court decision that upheld a massive award against a manufacturer that 40 years ago marketed a product containing asbestos—even though the courts had previously determined that it was only responsible for 3.5% of the plaintiffs’ injuries. The decision was a setback for WLF, which filed a brief arguing that lower courts are in urgent need of guidance regarding how they can conduct punitive-damages-only retrials in a manner that provides fundamental fairness to all litigants. WLF asserted that the trial judge denied the defendant a fair trial by failing to provide the second jury with essential information, including the first jury’s determination regarding the defendant’s percentage responsibility for the plaintiff’s injuries. In the absence of that information, the second jury was likely to conclude that the defendant was solely responsible for the plaintiff’s injuries.
More Information and Downloads:
3/21/2016: Download the Brief