Green Oil factors in Alabama

2017See AutoZone, Inc. v. Leonard , 812 So.2d 1179 , 1187 (Ala. 2001) ( Green Oil factors remain valid after Gore ). " 'The Gore guideposts are: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases." Campbell , 538 U.S. at 418 , 123 S.Ct. 1513 .

2017See AutoZone, Inc. v. Leonard , 812 So.2d 1179 , 1187 (Ala. 2001) ( Green Oil factors remain valid after Gore ). " 'The Gore guideposts are: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases." Campbell , 538 U.S. at 418 , 123 S.Ct. 1513 .

2017The Hammond/Green Oil factors are: " '(1) the reprehensibility of [the defendant's] conduct; (2) the relationship of the punitive-damages award to the harm that actually occurred, or is likely to occur, from [the defendant's] conduct; (3) [the defendant's] profit from [his] misconduct; (4) [the defendant's] financial position; (5) the cost to [the plaintiff] of the litigation; (6) whether [the defendant] has been subject to criminal sanctions for similar conduct; and (7) other civil actions [the defendant] has been involved in arising out of similar conduct.' " Ross v. Rosen-Rager , 67 So.3d 2

2017The Green Oil factors, which are similar, and auxiliary in many respects, to the Gore guideposts, are: " ' "(1) the reprehensibility of [the defendant's] conduct; (2) the relationship of the punitive-damages award to the harm that actually occurred, or is likely to occur, from [the defendant's] conduct; (3) [the defendant's] profit from [its] misconduct; (4) [the defendant's] financial position; (5) the cost to [the plaintiff] of the litigation; (6) whether [the defendant] has been subject to criminal sanctions for similar conduct; and (7) other civil actions [the defendant] has been involved

2017Therefore, this factor weighs in favor of remittitur. i. Green Oil : Other Mitigating Criminal or Civil Sanctions The last two Green Oil factors advise mitigation of the punitive damages "[i]f criminal sanctions have been imposed on the defendant ... [or] [i]f there have been other civil actions against the same defendant, based on the same conduct." 539 So.2d at 223 -24 (quoting Lavoie , 505 So.2d at 1062 (Houston, J., concurring specially)).

2017Therefore, this factor weighs in favor of remittitur. i. Green Oil : Other Mitigating Criminal or Civil Sanctions The last two Green Oil factors advise mitigation of the punitive damages "[i]f criminal sanctions have been imposed on the defendant ... [or] [i]f there have been other civil actions against the same defendant, based on the same conduct." 539 So.2d at 223 -24 (quoting Lavoie , 505 So.2d at 1062 (Houston, J., concurring specially)).

2008I therefore respectfully decline to join in that portion of the main opinion holding in essence that evidence of a defendant's financial condition is neither discoverable by the plaintiff nor admissible for the purpose of supporting the plaintiff's position whenever the defendant unilaterally decides that it will not rely on such evidence to support its position in a Green Oil hearing. 5 Hammond v. City of Gadsden , 493 So.2d 1374 (Ala. 1986), and Green Oil Co. v. Hornsby , 539 So.2d 218 (Ala. 1989). 6 The Restatement provision cited by the Supreme Court in City of Newport states that "the cha

2008I therefore respectfully decline to join in that portion of the main opinion holding in essence that evidence of a defendant's financial condition is neither discoverable by the plaintiff nor admissible for the purpose of supporting the plaintiff's position whenever the defendant unilaterally decides that it will not rely on such evidence to support its position in a Green Oil hearing. 5 Hammond v. City of Gadsden , 493 So.2d 1374 (Ala. 1986), and Green Oil Co. v. Hornsby , 539 So.2d 218 (Ala. 1989). 6 The Restatement provision cited by the Supreme Court in City of Newport states that "the cha

2017Therefore, this factor weighs in favor of remittitur. i. Green Oil : Other Mitigating Criminal or Civil Sanctions The last two Green Oil factors advise mitigation of the punitive damages "[i]f criminal sanctions have been imposed on the defendant ... [or] [i]f there have been other civil actions against the same defendant, based on the same conduct." 539 So.2d at 223 -24 (quoting Lavoie , 505 So.2d at 1062 (Houston, J., concurring specially)).

2017Therefore, this factor weighs in favor of remittitur. i. Green Oil : Other Mitigating Criminal or Civil Sanctions The last two Green Oil factors advise mitigation of the punitive damages "[i]f criminal sanctions have been imposed on the defendant ... [or] [i]f there have been other civil actions against the same defendant, based on the same conduct." 539 So.2d at 223 -24 (quoting Lavoie , 505 So.2d at 1062 (Houston, J., concurring specially)).

2016As we explained in Love v. Johnson, 775 So.2d 127, 127-28 (Ala.2000), such a written statement is necessary before this Court can conduct a proper review on appeal: “ “In Hammond [v. City of Gadsden, 493 So.2d 1374 (Ala.1986) ], this Court required that a trial court ‘reflect in the record the -reasons for interfering with a jury verdict, or refusing to do so, on- the grounds of excessiveness of the damages.’ 493 So.2d at 1379 ; see also ALFA Mut.

2013As we explained in Love v. Johnson, 775 So.2d 127, 127-28 (Ala.2000), such a written statement is necessary before this Court can conduct a proper review on appeal: “ ‘In Hammond [v. City of Gadsden, 493 So.2d 1374 (Ala.1986) ], this Court required that a trial court “reflect in the record the reasons for interfering with a jury verdict, or refusing to do so, on the grounds of excessiveness of the damages.” 493 So.2d at 1379 ; see also ALFA Mut.

2016“In Williford v. Emerton, 935 So.2d 1150, 1156 (Ala.2004), this Court explained the reasoning behind the requirement of a Hammond/Green Oil hearing, as well as the requirement that the trial court enter an order containing its findings as a result of that hearing. “ ‘[Without a written statement of the reasons for that denial [of a defendant’s postjudgment motion challenging an award of punitive damages,] the requirements of Hammond have not been satisfied.

2013In Williford v. Emerton, 935 So.2d 1150, 1156 (Ala.2004), this Court explained the reasoning behind the requirement of a Hammond/Green Oil hearing, as well as the requirement that the trial court enter an order containing its findings as a result of that hearing. “[Without a written statement of the reasons for that denial [of a defendant’s postjudgment motion challenging an award of punitive damages,] the requirements of Hammond have not been satisfied.

2016In Lifestar Response of Alabama, Inc. v. Lemuel, 908 So.2d 207, 225 (Ala.2004), this Court held that Lifestar would have been entitled to a Hammond/Green Oil hearing if it had properly requested one.

2013In Lifestar Response of Alabama, Inc. v. Lemuel, 908 So.2d 207, 225 (Ala.2004), this Court held that Lifestar would have been entitled to a Hammond/Green Oil hearing if it had properly requested one.

2012“We review the trial court’s award of punitive damages de novo, with no presumption of correctness.” Mack Trucks, Inc. v. Witherspoon, 867 So.2d 307, 309 (Ala.2003) (citing Acceptance Ins.

2007"We review the trial court's award of punitive damages de novo, with no presumption of correctness." Mack Trucks, Inc. v. Witherspoon, 867 So.2d 307, 309 (Ala.2003) (citing Acceptance Ins.

2014The court finds that the jury's punitive damages verdict against Target Media Partners Operating Company, LLC, in the amount of $630,000 on [Specialty Marketing]'s claim of promissory fraud and the jury's verdict for punitive damages against defendant Target Media Partners Operating Company, LLC, and defendant Ed Leader on [Specialty Marketing]'s claim of fraud[ulent misrepresentation] in the amount of $503,400 [were] fair, reasonable and justified." We need add nothing to the trial court's detailed analysis of the BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996), and Hammond/Green Oil

2013The Green Oil factors, which are similar, and auxiliary in many respects, to the Gore guideposts, are: “‘(1) the reprehensibility of [the defendant’s] conduct; (2) the relationship of the punitive-damages award to the harm that actually occurred, or is likely to occur, from [the defendant’s] conduct; (3) [the defendant’s] profit from [its] misconduct; (4) [the defendant’s] financial position; (5) the cost to [the plaintiff] of the litigation; (6) whether [the defendant] has been subject to criminal sanctions for similar conduct; and (7) other civil actions [the defendant] has been involved in

2017See CNH America, LLC v. Ligon Capital, LLC , 160 So.3d 1195 , 1211 (Ala. 2013) (setting forth analysis concerning only those Gore and Hammond/Green Oil factors addressed by the appellant).

2017The Green Oil factors, which are similar, and auxiliary in many respects, to the Gore guideposts, are: " ' "(1) the reprehensibility of [the defendant's] conduct; (2) the relationship of the punitive-damages award to the harm that actually occurred, or is likely to occur, from [the defendant's] conduct; (3) [the defendant's] profit from [its] misconduct; (4) [the defendant's] financial position; (5) the cost to [the plaintiff] of the litigation; (6) whether [the defendant] has been subject to criminal sanctions for similar conduct; and (7) other civil actions [the defendant] has been involved

2013See Akins Funeral Home, Inc. v. Miller, 878 So.2d 267, 271 (Ala.2003). 8 1.

2012See Tyler, 981 So.2d at 1106 .

2008Remittitur exists and the Green Oil factors were established for the benefit of defendants, insofar as the "benefit" in question is the defendant's "right to a fair punishment," Williams v. Williams , 786 So.2d 477 , 483 (Ala. 2000) (citing Wilson v. Dukona Corp. , 547 So.2d 70 , 73 (Ala. 1989) (emphasis added)), and not the defendant's interest in avoiding punishment.

2008Remittitur exists and the Green Oil factors were established for the benefit of defendants, insofar as the "benefit" in question is the defendant's "right to a fair punishment," Williams v. Williams , 786 So.2d 477 , 483 (Ala. 2000) (citing Wilson v. Dukona Corp. , 547 So.2d 70 , 73 (Ala. 1989) (emphasis added)), and not the defendant's interest in avoiding punishment.

2008Remittitur exists and the Green Oil factors were established for the benefit of defendants, insofar as the "benefit" in question is the defendant's "right to a fair punishment," Williams v. Williams , 786 So.2d 477 , 483 (Ala. 2000) (citing Wilson v. Dukona Corp. , 547 So.2d 70 , 73 (Ala. 1989) (emphasis added)), and not the defendant's interest in avoiding punishment.

2008Remittitur exists and the Green Oil factors were established for the benefit of defendants, insofar as the "benefit" in question is the defendant's "right to a fair punishment," Williams v. Williams , 786 So.2d 477 , 483 (Ala. 2000) (citing Wilson v. Dukona Corp. , 547 So.2d 70 , 73 (Ala. 1989) (emphasis added)), and not the defendant's interest in avoiding punishment.

2008Bozeman v. Busby , 639 So.2d 501 , 502 (Ala. 1994).

2008Bozeman v. Busby , 639 So.2d 501 , 502 (Ala. 1994).

2007Those issues, however, have not been preserved for appellate review because McIver "did [not] request a hearing on the punitive-damages issue," Waldrip Wrecker Serv., Inc. v. Wallace, 758 So.2d 1110, 1115 (Ala.Civ.App.1999), and "did not point to any evidence to indicate why [he] thought the judgment was excessive," id.

2007Those issues, however, have not been preserved for appellate review because McIver "did [not] request a hearing on the punitive-damages issue," Waldrip Wrecker Serv., Inc. v. Wallace, 758 So.2d 1110, 1115 (Ala.Civ.App.1999), and "did not point to any evidence to indicate why [he] thought the judgment was excessive," id.