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Monday
Nov302009

in brief: Majority of California Supreme Court sets 1-1 punitive damage to compensatory ratio on facts in Roby v. McKesson Corporation

In Roby v. McKesson Corporation, the second opinion issued today by the California Supreme Court, the Court held, among other things, that on the facts and circumstances presented, a 1-1 punitive damage to compensatory damage ratio was the constitutional ceiling.  Justice Werdegar authored a dissenting opinion (to which Justice Moreno concurred) on the Court's punitive damage holding, concluding that the facts and circumstances of the case supported a 2-1 punitive damage to compensatory damage ratio.  The case concerns allegations of wrongful discharge, discrimination and harassment.

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