Punitive Damages

GMSR has extensive experience in addressing the propriety of punitive damages awards, both in seeking to preserve awards when they are adequately supported and in getting excessive awards reduced or eliminated.

Butcher v. Rolling Hills Country Club (1998, B105846)

New trial after $10 million punitive damage verdict concerning drainage from a neighboring property

BMW v. Gore (1996) 517 U.S. 559

Constitutional limits on right to recover punitive damages (amicus curiae brief)

Looney v. Superior Court (1993) 16 Cal.App.4th 521

Threshold proof of “malice, oppression or fraud” must be viewed through “clear and convincing” standard

Central Pathology Service Medical Clinic, Inc. v. Superior Court (1992) 3 Cal.4th 181

MICRA punitive damages provisions apply to claimed intentional torts

Who We Serve


Whether on appeal, assisting trial counsel, or advising government officials contemplating legislative action, GMSR provides unique insight into the complex laws that impact public entities.

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Where coverage may exist, GMSR represents insureds on appeal effectively and efficiently. Where it does not, the firm protects insurers’ right to deny claims.

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GMSR offers corporate clients objective assessments on appeal, based on a deep understanding of the limitations and opportunities of appellate review.

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The firm’s lawyers are team players, collaborating with trial counsel at any level from legal strategy to writing or editing trial court motions and appellate briefs.

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GMSR vigorously advocates the rights of individual plaintiffs and defendants, in both state and federal appellate courts.

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As part of GMSR’s long-standing commitment to social justice and equality, GMSR provides pro bono appellate services to individuals and to community organizations on issues of concern.

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