January 14, 2010

More on Choice of Law in Punitive Damages Cases

Last month we linked to a post on Drug and Device Law about choice of law in punitive damages cases. In that post, Jim Beck at Dechert argued that the law of the defendant's home state should govern punitive damages issues, even if the law of a different forum applies to to the award of compensatory damages.

For a contrary view, see this piece by John D. Rowell. He argues that, at least in California, punitive damages issues should be governed by California law, not by the law of an out-of-state defendant's home state.