WTO Obtains 88% Reduction in Punitive Damages on Appeal

DENVER:  In a case heard in the Arizona Court of Appelas and defended at trial by another firm, WTO partner Malcolm Wheeler and WTO associate Jessica Simbalenko thrilled their client by obtaining an 88% reduction in a punitive damages verdict.  Mr. Wheeler and Ms. Simbalenko argued that the trial jury's punitive damages award, which resulted in an 8:1 ratio of punitive damages to compensatory damages, was unconstitutionally excessive and that an award constituting a 1:1 ratio was the maximum that due process would allow. The court agreed and instructed the trial court to reduce the punitive damages award to a 1:1 ratio.