Legal Opinion
Westgate Resorts, Ltd. v. Shaun S. Adel & Consumer Protection Group, LLC
Utah Supreme Court
Decided September 7, 2012No. 20100425PublishedCited by 14 opinions
1Opinion of the Court
Associate Chief Justice NEHRING,
opinion of the Court:
T1 In this appeal we review and hold to be unconstitutional a jury's award of punitive damages. Westgate Resorts contends that the punitive damages awarded to Consumer Protection Group violate both substantive and procedural due process. We agree with Westgate that the award violates procedural due process. In light of this conclusion, we need not reach Westgate's argument that the award was unconstitutionally excessive in violation of substantive due process. We vacate the jury's punitive damages award and remand for a new trial on the…
2Cases cited11 opinions
- BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
- Cooper Industries, Inc. v. Leatherman Tool Group, Inc.Supreme Court of the United States · 2001
- Philip Morris USA v. WilliamsSupreme Court of the United States · 2007
- Crookston v. Fire Insurance ExchangeUtah Supreme Court · 1991
- State v. WinfieldUtah Supreme Court · 2006
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Macris v. Sevea International, Inc.Court of Appeals of Utah · 2013
- Westgate Resorts, Ltd. v. AdelUtah Supreme Court · 2012
- State v. CampbellCourt of Appeals of Oregon · 2014
- In the Matter of the Estate of Juanita Valcarce (Valcarce v. Valcarce)Court of Appeals of Utah · 2013
- Westgate Resorts, Ltd. v. AdelUtah Supreme Court · 2016
9 more not listed; retrieve them via the Exa API.