by Christian Stegmaier
Those “guideposts” include the following considerations:
(1) Degree of Reprehensibility of Appellant’s Misconduct;
(2) Disparity Between Actual and Punitive Damages Award; and
(3) Difference Between Civil Penalties and Punitive Damages Award.
Last week, the South Carolina Supreme Court again recognized the significance of both Gore and the necessity for de novo review by the appellate courts.
Though finding error in the Court of Appeals’ holding, the Supreme Court upheld the grant of punitives in RRR.