Emhart Industries, v. Home Insurance, et al, No. 07-2806 (1st Cir. 2009)

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This opinion or order relates to an opinion or order originally issued on March 13, 2009.

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United States Court of Appeals For the First Circuit Nos. 07-2806 07-2821 EMHART INDUSTRIES, INC., Plaintiff-Appellee, Cross-Appellant, v. CENTURY INDEMNITY COMPANY, as an indirect successor to Insurance Company of North America, Defendant-Appellant, Cross-Appellee, HOME INSURANCE COMPANY; NORTH RIVER INSURANCE CO.; ONEBEACON AMERICA INSURANCE COMPANY; US FIRE INSURANCE CO., Defendants, Cross-Appellees, LIBERTY MUTUAL INSURANCE COMPANY, Defendant. ERRATA SHEET The opinion of this Court issued on March 13, 2009, is amended as follows: On p. 47, lines 5-8: Replace "State Farm Mut. Ins. Co. v. Campbell, 538 U.S. 408 (2003) (striking down $145 million punitive damages award against insurance carrier, where jury held that plaintiff was entitled to only $1 million in compensatory damages)." with "BMW of N. Am., Inc. v. Gore, 517 U.S. 559, 580 (1996) (noting that one "indicium of an unreasonable or excessive punitive damages award [under the Due Process Clause] is its ratio to the actual harm inflicted on the plaintiff," citing cases)."

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