On October 15, 2025, WLF urged the Massachusetts Supreme Judicial Court to hold that punitive damages awards require proof by clear and convincing evidence and, when requested, bifurcated trials. WLF joined the U.S. Chamber of Commerce on the amicus brief, which was prepared by Mark C. Fleming of Wilmer Hale. The amicus brief argues that a heightened clear-and-convincing evidence standard, as required in most states, along with trial bifurcation, would prevent juries from being swayed by irrelevant wealth or misconduct evidence during the liability phase.
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