Cooper Industries, Inc. v. Leatherman Tool Group, Inc. — Ginsburg, J., dissenting

Summary

Justice Ginsburg dissents, arguing appellate review of a trial court’s determination that punitive damages are not grossly excessive should be for abuse of discretion, not de novo. She relies on Gasperini and the Seventh Amendment, contending district courts are better positioned to assess jury factfindings. She would affirm the Ninth Circuit. Justice Scalia and Justice Thomas concur in the judgment for different reasons.