White v. Ford Motor Co., 05-15655
In a product liability case arising from the death of a three year-old who was killed when plaintiffs-parents' parked Ford pickup truck rolled over him in the family's driveway, a decision finding that a second jury's award of $52 million in punitive damages on remand was not unconstitutional is reversed for a new trial on punitive damages so that the district court can provide a proper harm to nonparties jury instruction, and instruct the jury that: 1) plaintiffs received $2,305,435 in compensatory damages; 2) Ford's brake defect did not proximately cause the accident; and 3) plaintiffs were found to be 40 percent responsible for the accident.
- Argued 05/02/2007
- Submitted 08/22/2007
- Decided 08/30/2007
- Published 08/30/2007
FISHER, Circuit Judge:, Before: ALEX KOZINSKI and RAYMOND C. FISHER, Circuit Judges, and FREDERIC BLOCK, District Judge.
United States Ninth Circuit
Jonathan M. Hoffman, Martin Bischoff Templeton Langslet & Hoffman LLP, Portland, OR, for amicus curiae The Product Liability Advisory Council, Inc., Theodore J. Boutrous, Jr., Gibson, Dunn & Crutcher LLP, Los Angeles, CA; and Theodore B. Olson and Thomas H. Dupree, Jr., Gibson, Dunn & Crutcher LLP, Washington, D.C., for amicus curiae The Business Roundtable., Robin S. Conrad and Amar D. Sarwal, National Chamber Litigation Center, Inc., Washington, D.C.; and Walter Dellinger, Jonathan D. Hacker, Matthew M. Shors and Charles E. Borden, O'Melveny & Myers LLP, Washington, D.C., for amicus curiae The Chamber of Commerce of the United States of America.
Malcolm E. Wheeler (argued), Wheeler Trigg Kennedy LLP, Denver, CO; Theodore J. Boutrous, Jr. (argued), Gibson, Dunn & Crutcher LLP, Los Angeles, CA; and Andrew L. Frey, Evan M. Tager and Adam C. Sloane, Mayer, Brown, Rowe & Maw LLP, Washington, D.C., for the defendant-appellant., Shanin Specter (argued) and David J. Caputo, Kline & Specter, Philadelphia, PA; Don Nomura, Laxalt & Nomura, Ltd., Reno, NV; and Peter D. Durney, Durney & Brennan, Ltd., Reno, NV, for the plaintiffs-appellees.