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Appeal also contests punitive-damage amount and asks court to consider guidance on a 'floor' for deterrence

Utah Court of Appeals · August 8, 2024
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Summary

In the third Duffin appeal, appellant counsel argued punitive damages were too low to deter the defendant given his net worth and asked the Court of Appeals for guidance or de novo review to ensure punitive awards meet deterrence objectives; opposing counsel pointed to statutory and constitutional ceilings and preservation concerns.

The Court of Appeals heard argument on punitive damages in a Duffin appeal in which Brandy's counsel urged the court to scrutinize the punitive award as inadequate to deter misconduct given the defendant's wealth.

Counsel argued that punitive damages should be tailored to a defendant's net worth to achieve deterrence and…

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