Legal Opinion

Burke v. Deere & Co.

District Court, S.D. Iowa

Decided December 4, 1991No. Civ. 86-66-WPublishedCited by 12 opinions

1Opinion of the Court

ORDER

DONALD E. O’BRIEN, Chief Judge.

Defendant Deere & Company’s (Deere) motion for judgment notwithstanding the verdict (jnov) and, in the alternative, motion for a new trial, bring this matter before the court. After careful consideration of the written and oral arguments of the parties, as well as extensive review of the transcript, trial notes, and exhaustive independent research, the court denies the motions. The court does however, find the award of $50,000,000 in punitive damages to be excessive and that the award should be remitted to $28,000,000.

FACTS

This products liability action was…

2Cases cited51 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Allied Chemical Corp. v. Daiflon, Inc.Supreme Court of the United States · 1980
  3. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  4. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  5. Donovan v. Penn Shipping Co.Supreme Court of the United States · 1977

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3Cited by12 opinions

  1. Dunn v. HOVICCourt of Appeals for the Third Circuit · 1993
  2. Spaur v. Owens-Corning Fiberglas Corp.Supreme Court of Iowa · 1994
  3. Clair W. BURKE, Appellee, v. DEERE & COMPANY, A/K/A John Deere Company, a Delaware Corporation, AppellantCourt of Appeals for the Eighth Circuit · 1993
  4. Morrison v. Kubota Tractor Corp.Missouri Court of Appeals · 1994
  5. Engquist v. Oregon Department of AgricultureCourt of Appeals for the Ninth Circuit · 2007

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