Legal Opinion · Concurring in part, dissenting in part
JCB, INC. v. Union Planters Bank, NA
Court of Appeals for the Eighth Circuit
Decided August 26, 2008No. 07-2968Published
1Concurring in part, dissenting in partColloton, Circuit Judge
I concur in all but Part III.B of the opinion of the court. As to that section, I do not agree that the jury’s award of punitive damages under Missouri law violates the substantive due process rights of Union Planters Bank, N.A. I would therefore affirm the judgment of the district court.
In considering whether the punitive damages were excessive, the district court concluded that the Bank’s unlawful trespass and conversion were “inextricably intertwined,” because the Bank trespassed on the property of JCB, Inc., for the sole purpose of taking possession of JCB’s equipment. The district court…
2Cases cited8 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- State Farm Mutual Automobile Insurance v. CampbellSupreme Court of the United States · 2003
- Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
- TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993
- Diesel MacHinery, Inc. v. B.R. Lee Industries, Inc.Court of Appeals for the Eighth Circuit · 2005
3 more not listed; retrieve them via the Exa API.