COVID-19: Guidance and Updates LEARN MORE EDWARD G. GUEDES DISCUSSES HOW 3M EARPLUG VERDICT RAISES QUESTIONS ABOUT PUNITIVE AWARDS VERSUS COMPENSATORY DAMAGES HOME / NEWS & UPDATES / EDWARD G. GUEDES DISCUSSES HOW 3M EARPLUG VERDICT RAISES QUESTIONS ABOUT PUNITIVE AWARDS VERSUS COMPENSATORY DAMAGES By Weiss Serota Helfman Cole & Bierman Posted November 17, 2021 In Appellate, Litigation, News & Updates Edward G. Guedes, Governmental Actions And Defense In a story published by the Daily Business Review, Edward G. Guedes, who chairs the firm’s appellate practice group, discussed what might be the largest U.S. mass tort in history, which alleges 3M failed to adequately warn veterans and military personnel of the alleged flaws of its Combat Arms CAEv2 earplugs. Ed commented on whether a U.S. Army sergeant’s $12 million punitive damages award, in relation to the $800,000 in compensatory damages awarded, is excessive. Ed discusses the ratio of punitive damages to compensatory damages in the context of key U.S. Supreme Court precedents. “Here, the ratio appears to be around 15 to one, which raises an eyebrow, so to speak, but doesn’t scream denial of due process,” Ed said in an email. “It’s possible that there was sufficient evidence of extremely egregious conduct on the part of 3M that would help support the greater than single-digit ratio.” Ed further explained the question is not whether the compensatory damages were low, but if the punitive damages are excessively high, referencing Supreme Court rulings Pacific Mutual Life Ins. Co. v. Haslip and BMW of North America v. Gore. In the former case, the ratio of punitive damages to compensatory damages was roughly four to one, and the highest court in the country upheld it, Ed said. However, in the latter, the ratio was 500 to one, and was deemed constitutionally defective by the U.S. high court. So far, juries have ruled in favor of the plaintiffs in four separate trials. In one of the prior trials, the ratio of punitive to compensatory damages was about nine to one, which Ed said is less potentially objectionable “from a due process perspective,” because it is a single-digit ratio. Click here to read more. Weiss Serota Helfman Cole & Bierman Our firm is the product of innovative thinking. In 1991, our founders saw a need in the South Florida legal market for a high-end, boutique firm dedicated to a small number of integrated practice areas. More than 30 years later, we continue to outpace sophisticated market players with focused practice groups, teamwork and a zealous commitment to our clients. CATEGORIES COVID-19 —News & Updates +Community Outreach —Practice Divisions Business Transactions Government Labor and Employment —Litigation Appellate +Property Publications ARCHIVES —2021 (72) November (3) October (8) September (10) August (10) July (7) June (7) May (6) April (6) March (7) February (4) January (4) +2020 (129) +2019 (156) +2018 (130) +2017 (99) +2016 (119) +2015 (99) +2014 (70) +2013 (135) +2012 (182) +2011 (60) +2010 (1) ABOUT WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. Our firm is the product of innovative thinking. In 1991, our founders saw a need in the South Florida legal market for a high-end, boutique firm dedicated to a small number of integrated practice areas. More than 30 years later, we continue to outpace sophisticated market players with focused practice groups, teamwork and a zealous commitment to our clients. LEARN MORE QUICK LINKS Home About Us Attorneys Practice Divisions What We Think What’s Going On Contact OUR OFFICES Miami T. (305) 854-0800 Ft. Lauderdale T. (954) 763-4242 Boca Raton T. (561) 835-2111 Tampa T. (786) 380-2554 © Copyright 2021 Weiss Serota Helfman Cole & Bierman, P.L. LOGIN | SITEMAP | LEGAL Notice We and selected third parties use cookies or similar technologies for technical purposes and, with your consent, for other purposes as specified in the cookie policy. You can consent to the use of such technologies by closing this notice, by scrolling this page, by interacting with any link or button outside of this notice or by continuing to browse otherwise. Learn more and customize Accept ×