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Punitive Damages Over 10:1 Violates Due Process

By Barry Zalma, Attorney and Consultant The fear of every insurer sued for the tort of bad faith is that the jury will run away from reason and punish the insurer in a manner violative of its rights of due process. As the U.S. Supreme Court stated in State Farm Mut. Automobile Ins. Co. v. Campbell...

Federal Judge Strikes Down Pennsylvania Same-Sex Marriage Ban, Resulting in Significant Impact on Employee Benefit Plans

On May 20, 2014, a federal judge in the case of Whitewood v. Wolf struck down both Pennsylvania's ban on marriage for same-sex couples and its prohibition against recognition of same-sex marriages legally entered into in other jurisdictions, [ enhanced version available to lexis.com subscribers ...

Whitewood v. Wolf Legalizes Same-Sex Marriage in Pennsylvania

In a decision handed down on May 20th, Federal District Judge John E. Jones III struck down Pennsylvania's ban on same-sex marriage, concluding that "all couples deserve equal dignity in the realm of civil marriage." Whitewood v. Wolf , No. 1:13-CV-1861, 2014 U.S. Dist. Lexis 68771, at...

Supreme Court Rules Same-Sex Marriage is a Fundamental Right

On June 26, 2015, in a 5-4 decision authored by Justice Kennedy, the Supreme Court struck down the laws of those states that preclude same-sex marriage and also held that each state must recognize same-sex marriages lawfully performed in other states. The Court held state laws invalidating same-sex marriage...