BMW of North Am. v. Gore (1996) 517 U.S. 559 [116 S.Ct. 1589, 134 L.Ed.2d 809].

Holding that the Due Process Clause of the Fourteenth Amendment places limits on the permissible amount of punitive damages, the Court set forth three guideposts to measure the constitutionality of a punitive award: (1) the degree of reprehensibility of defendant's conduct; (2) the ratio of the punitive award to the actual harm inflicted on plaintiff; and (3) a comparison of the punitive award and the civil or criminal penalties that could be imposed for comparable misconduct.

We appeared as amicus curiae counsel on behalf of TIG Insurance Company in support of petitioner.

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