August 7, 2013

DRI amicus brief on extraterritorial punishment in Oregon national guard case

We previously reported on the $75 million punitive damages award to former Oregon national guardsmen against defense contractor KBR.  DRI - the Voice of the Defense Bar has submitted an amicus brief in that case, arguing that the Constitution prohibits imposition of punitive damages under state law for conduct that occurred solely in a foreign country, especially when the foreign country does not allow punitive damages and when the defendant's conduct was in furtherance of an important federal interest.

Full disclosure: Horvitz & Levy prepared the DRI brief.