Joan E. Steinman Copyright (c) 2011 All rights reserved. http://works.bepress.com/joan_steinman Recent documents in Joan E. Steinman en-us Tue, 13 Dec 2011 13:27:39 PST 3600 Managing Punitive Damages: A Role For Mandatory "Limited Generosity" Classes And Anti-Suit Injunctions? http://works.bepress.com/joan_steinman/32 http://works.bepress.com/joan_steinman/32 Tue, 15 Feb 2011 10:17:44 PST In this Article, I consider whether "limited generosity" classes may be used to determine a defendant's entire liability for punitive damages arising from a defined course of conduct. The goals of such a class action would include adequately punishing and deterring the defendant, keeping the defendant's liability within state-mandated and constitutional limits, and facilitating equitable distribution of the damages among injured plaintiffs. The Article describes the legal limits on punitive damages liability that states have established and that the Supreme Court has held substantive due process to impose, and then carefully examines whether such limits constitute a predicate for mandatory class certification under Rule 23(b)(1)(BJ of the Federal Rules and analogous state rules. I consider, in particular, the implications of the Supreme Court's 1999 decision in Ortiz v. Fibreboard Corp. for such punitive damages classes. In the final section of the Article, I consider the obstacles to issuance of anti-suit injunctions that could prevent mandatory punitive damages classes from being undermined by parallel pursuit of such damages in separate actions brought by class members.

]]> Joan E. Steinman Practice and Procedure Courts 14C Charles Alan Wright, et al., (Supp. 2002-09) http://works.bepress.com/joan_steinman/31 http://works.bepress.com/joan_steinman/31 Fri, 09 Oct 2009 09:13:36 PDT Joan E. Steinman Practice and Procedure 14B Charles Alan Wright, et al. (Supp. 2002-09) http://works.bepress.com/joan_steinman/30 http://works.bepress.com/joan_steinman/30 Fri, 09 Oct 2009 09:12:12 PDT Joan E. Steinman Practice and Procedure Claims, Civil Actions, Congress & the Court: Limiting the Reasoning of Cases Construing Poorly Drawn Statutes http://works.bepress.com/joan_steinman/29 http://works.bepress.com/joan_steinman/29 Fri, 09 Oct 2009 09:02:27 PDT Joan E. Steinman Practice and Procedure Women, Medical Care and Mass Tort Litigation http://works.bepress.com/joan_steinman/28 http://works.bepress.com/joan_steinman/28 Mon, 05 Mar 2007 14:36:28 PST Joan E. Steinman Products Liability Psuedonymous Suits in the USA http://works.bepress.com/joan_steinman/27 http://works.bepress.com/joan_steinman/27 Mon, 05 Mar 2007 14:35:54 PST Joan E. Steinman Practice and Procedure 14C Wright, Miller, Cooper, Steinman, Federal Practice and Procedure (West Group 4th ed. 2009 & Supp. 2010-11, Supp. 2012 forthcoming). http://works.bepress.com/joan_steinman/26 http://works.bepress.com/joan_steinman/26 Mon, 05 Mar 2007 14:34:57 PST Joan E. Steinman Practice and Procedure 14B Wright, Miller, Cooper, Steinman, Federal Practice and Procedure (West Group 4th ed. 2009 & Supp. 2010-11, Supp. 2012 forthcoming). http://works.bepress.com/joan_steinman/25 http://works.bepress.com/joan_steinman/25 Mon, 05 Mar 2007 14:34:18 PST Joan E. Steinman Practice and Procedure Appellate Courts: Structures, Functions, Processes, and Personnel (and Teachers' Manual) (LexisNexis 2d ed. 2006 & Supp. 2009) (with D. Meador & T. Baker) http://works.bepress.com/joan_steinman/24 http://works.bepress.com/joan_steinman/24 Mon, 05 Mar 2007 14:32:46 PST Joan E. Steinman Courts The Party Status of Absent Plaintiff Class Members: Vulnerability to Counterclaims http://works.bepress.com/joan_steinman/23 http://works.bepress.com/joan_steinman/23 Mon, 05 Mar 2007 14:32:06 PST Joan E. Steinman Practice and Procedure Privacy of Association: A Burgeoning Privilege in Civil Discovery http://works.bepress.com/joan_steinman/22 http://works.bepress.com/joan_steinman/22 Mon, 05 Mar 2007 14:31:40 PST Joan E. Steinman Civil Rights Backing Off Bivens and the Ramifications of this Retreat for the Vindication of First Amendment Rights http://works.bepress.com/joan_steinman/21 http://works.bepress.com/joan_steinman/21 Mon, 05 Mar 2007 14:31:13 PST Joan E. Steinman Civil Rights Free Speech on Military Bases: May Recipients of "Bar Letters" Be Convicted for Peaceful Expressive Activity at "Open Houses"? http://works.bepress.com/joan_steinman/20 http://works.bepress.com/joan_steinman/20 Mon, 05 Mar 2007 14:30:51 PST Joan E. Steinman Civil Rights Free Speech on Military Bases: May Recipients of "Bar Letters" Be Convicted for Peaceful Expressive Activity at "Open Houses"? http://works.bepress.com/joan_steinman/19 http://works.bepress.com/joan_steinman/19 Mon, 05 Mar 2007 14:30:16 PST Joan E. Steinman Civil Rights Public Trial, Pseudonymous Parties: When Should Litigants Be Permitted to Keep Their Identities Confidential? http://works.bepress.com/joan_steinman/18 http://works.bepress.com/joan_steinman/18 Mon, 05 Mar 2007 14:29:52 PST Joan E. Steinman Practice and Procedure Law of the Case: A Judicial Puzzle in Consolidated and Transferred Cases and in Multidistrict Litigation http://works.bepress.com/joan_steinman/17 http://works.bepress.com/joan_steinman/17 Mon, 05 Mar 2007 14:29:29 PST Joan E. Steinman Practice and Procedure Removal, Remand and Review in Pendent Claim and Pendent Party Cases http://works.bepress.com/joan_steinman/16 http://works.bepress.com/joan_steinman/16 Mon, 05 Mar 2007 14:29:08 PST Joan E. Steinman Practice and Procedure Post-Removal Changes in the Party Structure of Diversity Cases: The Old Law, the New Law, and Rule 19 http://works.bepress.com/joan_steinman/15 http://works.bepress.com/joan_steinman/15 Mon, 05 Mar 2007 14:28:48 PST Joan E. Steinman Practice and Procedure Section 1367: Another Party Heard From http://works.bepress.com/joan_steinman/14 http://works.bepress.com/joan_steinman/14 Mon, 05 Mar 2007 14:28:26 PST Joan E. Steinman Practice and Procedure Women, Medical Care, and Mass Tort Litigation http://works.bepress.com/joan_steinman/13 http://works.bepress.com/joan_steinman/13 Mon, 05 Mar 2007 14:28:04 PST Joan E. Steinman Products Liability