Thursday, December 12, 2002

The oral argument of another case dealing with whether the courts should limit punitive damages, contains this gem of liberal reasoning:
Several justices asked Mr. [Professor Laurence] Tribe whether State Farm could face similar suits in other states with big punitive damage awards. Mr. Tribe said that while plaintiffs in other states could also seek big judgments against State Farm, the company had already been punished for its conduct in Utah and "under some double jeopardylike doctrine" should not have to face a second big punitive damage award for the same conduct there.


"What's your authority for that?" Justice John Paul Stevens asked.


Mr. Tribe shrugged. "I just made it up," he said, and both men laughed.

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