IADC files amicus brief in U.S. Supreme Court urging review of punitive damages case
The International Association of Defense Counsel and NAM (National Association of Manufacturers) filed an amicus brief in the United States Supreme Court in support of Shell's petition for writ of certiorari. The IADC and NAM urged the Supreme Court to review an Oklahoma state court decision that imposed a $53 million punitive damage award on top of an award of $750,000 in a breach of contract dispute. The cert
petition, filed by noted Supreme Court litigators Jeffrey Lamken and Kathleen Sullivan, raises issues concerning what types of damages constitute compensatory damages for purposes of making the compensatory to punitive damages ratio analysis required by the due process clause.
The brief prepared by the IADC and NAM is the first and only amicus brief to be submitted in support of the cert petition in this case to date. Today, due in part to the IADC and NAM's advocacy, the Supreme Court requested a response to the cert petition.
IADC Amicus Committee member Randy Roach graciously wrote the brief under tremendous time pressure. IADC Amicus Brief Chair M.C. Sungaila provided strategic guidance.
To see a copy of the brief, visit www.iadclaw.org.