Dyspepsia Time for Texas Trial Lawyers?

Posted on September 2, 2009 by David Oliver

In Bennett et al. v. Reynolds, No. 08-0074, Tex. 2009.  (Opinion of Court of Appeals, 242 S.W.3d 866), a wonderful only-in-Texas cattle rustling claim, the Texas Supreme Court has granted  defendant's/appellant's petition for review.  While actual damages awarded were only $5,327.11  the punitive damages came to $1,250,000.00.  Among the four issues the court will consider, mass tort lawyers will be most interested in the first two:

1. Was the evidence of malice legally insufficient to warrant punitive damages when the cattle
raiser merely sold some cattle that were not his, but did not cause or threaten “death, grievous
physical injury, or financial ruin”?

2. Is the $1.25 million punitive damages award—which is 235 times the compensatory damages
awarded—within the limits allowed by constitutional due process?

Stay tuned as this case has been set for oral argument on December 15, 2009.

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