May 22, 2009

The Effect of Justice Souter's Retirement on Punitive Damages

One of the names on President Obama's shortlist to replace Justice Souter is California Associate Justice Carlos Moreno. Today's Recorder profiles Justice Moreno, and includes my observation that Justice Moreno "would represent a 'left turn' from Souter on civil issues, particularly in regard to businesses. 'Justice Souter, for all the complaints he got from the right, is very protective of business interests and is worried about the effect of regulation, [a]nd Justice Moreno much less so.' Souter has been in the majority in setting 'significant limits' on punitive damages, . . . but [Rosen] doesn't believe Moreno would follow suit." My co-blogger Curt Cutting discussed Justice Souter's voting record on punitive damages here.