March 12, 2008

Plaintiffs Waive Opposition to Cert. Petition in Chemtall v. Stern

We previously mentioned the pending cert. petition in Chemtall v. Stern, which presents an issue regarding the constitutionality of a reverse bifurcation procedure in which punitive damages issues are decided before liability and compensatory damages. Apparently, the plaintiffs are not too concerned about Carter Philips' petition, as they waived their right to file a response. (See the Supreme Court's online docket for this case.) They aren't really taking much of a risk, because the Supreme Court would call for an opposition before deciding to grant certiorari.