Plaintiffs who won $9 billion in punitive damages in the first federal bellwether trial over diabetes drug Actos said the verdict should be upheld because there is no bright-line rule that punitive damages have to be in a single-digit ratio with compensatory damages.
Co-lead counsel Richard J. Arsenault, of Neblett, Beard & Arsenault of Alexandria, La., and Paul J. Pennock, of Weitz & Luxenberg in New York wrote—in their memorandum in opposition to defendants’ motion for a new trial—that deterrence of future bad behavior should warrant upholding the award.
