February 23, 2018

Plaintiff opposes cert. petition raising "overkill" issue (Crane Co. v. Poage)

Last month we blogged about this pending cert. petition, which asks the Supreme Court to address (among other things) how the lower courts should deal with multiple lawsuits seeking punitive damages for the same tortious conduct. 

This week, the plaintiff filed her opposition brief.  It argues (among other things) that Missouri law protects defendants against multiple punishment, by allowing the defendant to request a credit against any punitive damages award for its potential liability in other cases.  The plaintiff contends that the petitioner forfeited its right to raise this issue because it did not file a post-trial motion seeking such a credit, and did not raise the issue in the Missouri Court of Appeals.

We will continue to track the petition and report on the ruling.