On March 2, Bloomberg BNA published an article on punitive damages in product liability cases by McGuireWoods Richmond partners Diane Flannery and Mitchell Morris and associate Annie Cai. Titled “The Supreme Court’s Reprehensibility Factors Don’t Work in Product Liability Cases,” the article refers to five factors set out by the courts for assessing a defendant’s reprehensibility. The authors note, however, that these factors were defined specifically for cases involving economic torts – but do not apply as meaningfully for product liability cases because they do not allow distinctions to be made between degrees of reprehensibility. Subscribers can read the full text of the article online.
