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Judges and Judiciary

Oct. 4, 2006

How Bad Is Bad? Courts Conflict on Reprehensibility Guide

FOCUS COLUMN - By David T. Biderman and Gabriel Liao - The application of the BMW of North America Inc. v. Gore, 517 U.S. 559 (1996), and State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), reprehensibility guidepost has created varying and unpredictable results.


Focus Column

By David T. Biderman and Gabriel Liao

     
      The application of the BMW of North America Inc. v. Gore, 517 U.S. 559 (1996), and State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), reprehensibility guidepost has created varying and unpredictable results. Courts have reached differing conclusions about when conduct is truly deserving of a...

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