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Nov 16, 2021

David Eisenberg Quoted in St. Louis Record Article Regarding State Constitutional Restrictions on Punitive Damages Caps

Baker Sterchi Member David Eisenberg is quoted in a recent St. Louis Record article titled "Missouri Supreme Court to weigh statutory restrictions on punitive damages". It concerns the Missouri Supreme Court's recent decision to review a case in which the trial court reduced a jury award of punitive damages based on Missouri's damages cap statute (Mo. Rev. Stat. § 510.265), but the Western District Court of Appeals held that application of the damages cap to Plaintiff's claims for civil conspiracy to breach a duty of loyalty and tortious interference with business expectancy violated the Missouri Constitution.

Eisenberg notes while the defendants in the case are looking to limit the large damages verdicts against them on several grounds, what is more generally at stake for corporate defendants in Missouri is "how broadly these limitations on damages caps can be applied and whether [the caps] will be stricken down in certain circumstances."

For a more detailed discussion of the All Star Awards v. HALO Branded Solutions case, see our Missouri Law Blog post titled "Once More unto the Breach: the Missouri Supreme Court Again Takes Up the Question of Constitutional Limits on Missouri's Statutory Punitive Damages Cap."

Eisenberg has over thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He is the editor of Baker Sterchi’s Missouri, Employment & Labor, and Product Liability blogs and has served on the Editorial Board of the ABA Appellate Practice Committee, and on that Committee’s Appellate Rules subcommittee.

The St. Louis Record, a publication of the U.S. Chamber Institute for Legal Reform, covers the legal system, focusing on civil actions in the St. Louis area.