Emhart Industries, Inc. v. Century Indem. Co.

U.S. Court of Appeals for the First Circuit
Emhart Industries, Inc. v. Century Indem. Co., 559 F.3d 57 (1st Cir. 2009)

Emhart Industries, Inc. v. Century Indem. Co.

Opinion

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)."

Reference

Status
Published