Monday, March 3, 2008
The SCOTUS blog commentary seems to track my view that SCOTUS will limit punitives. SCOTUS blog The context in which the Supreme Court is deciding the case, maritime law, is interesting. The court is acting as a common law court and developing common law rules. So, in theory, it could write any rule, including one that follows State Farm. But, if I understand the context correctly, due process still applies. So even its common law rule will have to comport with State Farm. Right?