Beverly Enterprises v. Keaton

Date: August 11, 2011

Arkansas Supreme Court

NFIB filed an amicus brief in support of the Arkansas legislature’s decision to rein in excessive punitive damages by setting a flexible cap on such awards. NFIB argued that this legislation does not infringe on the judiciary’s constitutional powers or jurisdiction, as trial courts can still remit other types of damages within the confines of the statute. Likewise, the new limits fall outside of earlier Arkansas statutes’ prohibition of limits on compensatory damages.

Status: DECIDED. Amicus brief filed on 10/20/08.  Cases dismissed 9/24/09.

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