Sandoz Pharmaceuticals Corporation v. Gunderson, et al.

Case Updates

The Kentucky Supreme Court agreed with NCLC that when an appellate court concludes that a punitive damages award is unconstitutionally excessive, it must remand for trial on both the need for, and amount of, punitive damages.

NCLC urged the Kentucky Supreme Court to clarify that when an appellate court concludes that a punitive damages award is unconstitutionally excessive, it must remand for trial on both the need for, and amount of, punitive damages. In this case, the appellate court properly determined that plaintiffs could not seek punitive damages for the defendant’s conduct directed at third parties not before the court. However, the appellate court remanded the case for determination of the proper amount of punitive damages instead of permitting the jury to revisit the issue of punitive damages liability. In its brief, NCLC argued that the remand jury also must reconsider the question of punitive damages liability. Otherwise, the same constitutional issues, which plagued the initial jury’s punitive damages verdict, may be left undisturbed.