September 4, 2015

Court of Appeal publishes decision on financial condition evidence (Soto v. Borg-Warner)

We previously reported on this decision in which the Court of Appeal reversed a $32.5 million punitive damages award due to a lack of meaningful evidence of the defendant's financial condition. As we noted, the decision explains how plaintiffs can be prepared to present evidence of the defendant's financial condition, notwithstanding the statute that prohibits pretrial discovery on that issue without a court order.

Since that report, the opinion has now been certified for publication.  This actually happened about a month ago but we neglected to report it at the time.  Sorry for the delay, loyal blog readers.

(Disclosure: Horvitz & Levy LLP submitted one of two requests for publication.)