June 8, 2011

Wyeth v. Scofield cert petition distributed for June 16 conference

The U.S. Supreme Court is set to rule on the cert petition in Wyeth v. Scofield on June 16, according to the court's online docket.  As noted in an earlier post, the issues presented in Wyeth's cert petition are:

1. Whether, when a verdict has been tainted by a jury's passion or prejudice, due process requires a trial court to grant a new trial instead of a remittitur.
2.Whether, and in what circumstances, a trial court violates due process when it awards a substantial amount in compensatory damages but nevertheless proceeds to award punitive damages in an amount exceeding the one-to-one ratio indicated in State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003) and Exxon Shipping v. Baker, 554 U.S. 471 (2008).
Related post:

Wyeth v. Scofield cert. petition raises punitive damages issues