United States Ninth Circuit

In a product defect action based on the failure of a truck's parking brake, a punitive damages award unconstitutionally punished an automobile maker for out-of-state conduct, based on 1) the district court's refusal to limit the jury to consideration of Nevada's interests, and 2) plaintiff's lawyers exhortations to the jury.

Appellate Information

• Argued 05/01/2000
• Decided 12/03/2002
• Published 12/03/2002

Judges

• Before WOOD , KLEINFELD, and GRABER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrew L. Frey (argued), Mayer, Brown, Rowe & Maw, New York, NY, Evan M. Tager and Miriam R. Nemetz (briefed), Mayer, Brown, Rowe & Maw, Washington, DC, and W. Chris Wicker (briefed), Woodburn & Wedge, Reno, NV, for the appellant.


• For Appellees:
  
• Shanin Specter (argued), Kline & Specter, P.C., Philadelphia, PA, Don Nomura, Laxalt & Nomura, LTD., Reno, NV, for the appellees.