Legal Opinion

Southwest Whey, Inc. v. Nutrition 101, Inc.

District Court, C.D. Illinois

Decided February 19, 2002No. 98-3217PublishedCited by 2 opinions

1Opinion of the Court

OPINION

RICHARD MILLS, District Judge.

A postscript to the “Whey Saga.”

The Motion for Remittitur is denied.

BACKGROUND

On March 8, 2001, a jury entered a verdict finding both Defendant Nutrition 101 and Plaintiff Southwest Whey liable. The jury awarded Plaintiff, inter alia, a punitive damages award of $300,000. Defendant asserts that because its net worth is $217,628.30, a punitive damages award of $300,000 is excessive as a matter of Illinois law.

ANALYSIS

A punitive damages award will not be overturned as being excessive unless it is “monstrously excessive, born of passion and prejudice, or not…

2Cases cited12 opinions

  1. Browning-Ferris Industries of Vermont, Inc. v. Kelco Disposal, Inc.Supreme Court of the United States · 1989
  2. Lee v. Chicago Transit AuthorityIllinois Supreme Court · 1992
  3. Deal v. ByfordIllinois Supreme Court · 1989
  4. Hazelwood v. Illinois Central Gulf RailroadAppellate Court of Illinois · 1983
  5. United States v. Janice L. MadochCourt of Appeals for the Seventh Circuit · 1998

7 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Liggett Group, Inc. v. EngleDistrict Court of Appeal of Florida · 2003
  2. Interclaim Holdings Ltd. v. Ness, Motley, Loadholt, Richardson & PooleDistrict Court, N.D. Illinois · 2004

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