04 July 2008

Manchin Weighs in on Supreme Court Appeal

Gov. Joe Manchin has asked West Virginia's Supreme Court to take in DuPont's appeal of a nearly $400 million judgment against it, to review its punitive damages portion if for no other reason.

The Associated Press has details. "Manchin urged the justices to clarify what sort of appellate review is to be afforded DuPont under its constitutional right to due process," the article said. "His lawyers cited a 2003 U.S. Supreme Court decision to argue that the 14th Amendment guarantees appeals of punitive damages."

DuPont tells AP it is pleased with the governor's intercession. The plaintiffs? Not so much.

"I've never seen anything like this," their lead lawyer, Michael Papantonio, told AP. "This just further delineates how badly the deck is stacked in West Virginia against people trying to recover when they're taking on DuPont. It's stacked against people who have been wronged by corporate America."

1 comment:

clear eyes said...

Earth to plaintiff lawyers: You've already won damages which your clients probably don't deserve. Punitive damages do not equate to "people trying to recover." They equate to extra bucks for lawyers (and, perhaps some money to the plaintiffs to make up for the 40% of their setlement which the lawyers took from them. If your clients have been wronged here, it is by you!