Horvitz & Levy LLP - Punitive Damages Practice

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	DISCLAIMER

Punitive Damages

Horvitz & Levy LLP frequently handles appeals involving large punitive damage awards, and has been very successful in having punitive damage awards vacated or sharply reduced on appeal. The firm has successfully reversed or reduced $1.42 billion of the $1.48 billion in punitive damage awards it has appealed since 1990.

Our punitive damages practice extends from the trial court — where we often work as consultants to ensure that punitive damages issues are preserved on appeal — to the United States Supreme Court, where we have filed amici curiae briefs in the most significant punitive damages cases of the last 20 years, including State Farm Mut. Auto Ins. Co. v. Campbell (2003) 538 U.S. 408 [123 S.Ct. 1513, 155 L.Ed.2d 583], Cooper Industries, Inc. v. Leatherman Tool Group, Inc. (2001) 532 U.S. 424 [121 S.Ct. 1678, 149 L.Ed.2d 674], BMW of North Am. v. Gore (1996) 517 U.S. 559 [116 S.Ct. 1589, 134 L.Ed.2d 809], and Pacific Mut. Life Ins. Co. v. Haslip (1991) 499 U.S. 1 [111 S.Ct. 1032, 113 L.Ed.2d 1].

In 2003, the firm prevailed in Diamond Woodworks, Inc. v. Argonaut Insurance Co. (2003) 109 Cal.App.4th 1020, the first published California opinion applying the U.S. Supreme Court’s landmark decision in State Farm Mut. Auto. Ins. Co. v. Campbell, supra.

In 2004, in Textron v. National Union (2004) 118 Cal.App.4th 1061, the firm again prevailed in a published California opinion that reduced a punitive damages award pursuant to the standards set forth in State Farm Mut. Auto. Ins. Co. v. Campbell, supra. In 2004, we also successfully obtained the reversal of a $1 million punitive damage award in Vaughn v. Lalama (2004) [unpublished].

Outside of California, the firm also prevailed in a published opinion issued by the Guam Supreme Court: Park v. Mobil Oil Guam (2004) 2004 Guam 20. In that case, the firm was brought into the case after a jury verdict awarding $2.8 million in punitive damages. We assisted trial counsel in the drafting of posttrial motions that successfully reduced the award to $150,000, and we served as lead counsel before the Guam Supreme Court, which affirmed the order reducing the award. This was the first Guam opinion applying State Farm Mut. Auto. Ins. Co. v. Campbell, supra.