Court explores constitutional validity of punitive damages tests

Federal Courts

By Jay S. Judge

Jay S. Judge, a name partner of Judge, James, Hoban & Judge LLC in Park Ridge, is a defense attorney who specializes in trials, appeals and insurance coverage. Judge graduated with honors from The John Marshall Law School and served as editor-in-chief of the school’s law review.

Posted September 1, 2020 10:20 AM

Today’s 7th U.S. Circuit Court of Appeals case is a valuable and informative treatise on two tests the U.S. Supreme Court uses to determine the constitutional validity of punitive damages: three guideposts to test due process and the five-factor test to determine reprehensibility of the defendant’s conduct.In Epic Systems Corp. v. Tata Consultancy Services, Ltd., 2020 WL 4882891 (7th Cir. 2020), plaintiff Epic Systems Corp. sued Tata Consultancy Services Ltd. for illegally downloading thousands of documents and trade …

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