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This Supplement summarizes the remedies decisions of the United States Supreme Court through the end of the Court's Term on June 26, 2008, the administrative compensation scheme for victims of the terrorist attacks of September 11, 2001, new empirical studies of compensatory and punitive damages in tort cases, and interesting or important developments elsewhere.
There are three new principal cases. Philip Morris USA v. Williams replaces BMW v. Gore and State Farm Mutual Automobile Insurance v. Campbell on constitutional limits on punitive damages. Substantial notes on BMW and excerpts from State Farm are retained.
Exxon Shipping Co. v. Baker is a substantial new Supreme Court opinion on the measure of punitive damages, issued in its capacity as a common law court responsible for the general maritime law. It does not replace Grimshaw v. Ford Motor Co., which also addresses the standards for awarding punitives and illustrates a very different view of the field, nor does it replace Philip Morris USA v. Williams, which addresses the constitutional issues.
eBay v. MercExchange is a substantial Supreme Court pronouncement on the standards for issuing permanent injunctions. It has the virtue of being short, and the author has added it between the material on specific performance and undue hardship.