Legal Opinion

Markowitz v. Re/Max Preferred Properties

Fairfax County Circuit Court

Decided May 21, 1997No. Case No. (Law) 143782PublishedCited by 4 opinions

1Opinion of the Court

By Judge Stanley P. Klein

This matter remains before the Court for a ruling on Defendant Francis Dove’s Motion to Set Aside the Verdict or in the Alternative for Remittitur. Dove claims (1) that Virginia’s common law scheme for awarding punitive damages violates constitutional due process principles and (2) that the jury’s punitive damage award against him violates due process. After an independent review of the evidence presented at trial and the applicable federal and Virginia authorities, the Court finds that the punitive damage award against Dove violates neither constitutional nor…

2Cases cited18 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  3. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  4. Pacific Mutual Life Insurance v. HaslipSupreme Court of the United States · 1991
  5. TXO Production Corp. v. Alliance Resources Corp.Supreme Court of the United States · 1993

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3Cited by4 opinions

  1. Kory v. McCluneyVirginia Circuit Court · 2002
  2. Wilkins v. Peninsula Motor Cars, Inc.Virginia Circuit Court · 2002
  3. Arias v. Jokers Wild, Inc.Fairfax County Circuit Court · 2007
  4. Lunt v. Prince George Cemetery Corp.King George County Circuit Court · 2014

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