Bmw Of North America V. Gore

Gore Potentially one of the most significant cases in recent years for the insurance industry BMW of North America Inc.

Bmw of north america v. gore. Respondent purchased a new BMW and later learned that the car had been repainted. ___ 1996 1 JUSTICE STEVENS delivered the opinion of the Court. BMW of North America Inc.

Who argued the case Mr. Gore had nothing to do with insurance. Gore The Courts landmark punitive damages case came in 1996 in the case of BMW of North America v.

Gore1 had nothing to do with insurance. After driving the car for nine months with no problems Gore took the car into an independent detailer to embellish the cars paint. 5 Supreme Court of the United States 6 Syllabus 7 Argued October 11 1995 8 Decided May 20 1996 9 Afterrespondent Gore purchased a new BMW automobile from an authorizedAlabama dealer he discovered that the car had been repainted.

Alliance Resources Corp 509 US. The Due Process Clause of the Fourteenth Amendment prohibits a State from imposing a grossly excessive punishment on a tortfeasor. BMW OF NORTH AMERICA INC.

The Respondent Ira Gore Jr. GORE certiorari to the supreme court of alabama No. The Petitioner BMW of North America Inc.

3 Certiorari to the Supreme Court of Alabama. Argued October 11 1995-Decided May 201996 After respondent Gore purchased a new BMW automobile from an authorized Alabama dealer he discovered that the car had been repainted. Gore discovered that his new BMW had been repainted a fact that the company had not disclosed to him.

Potentially one of the most significant cases in recent years for the insurance industry BMW of North America Inc. Tager represented BMW in BMW of North America Inc. In a suit for suppression of a material fact the Respondent was awarded 2 million in punitive damages.

N8 Before the judgment in this case BMW changed its policy by taking steps to avoid the sale of any refinished vehicles in Alabama and two other States. The case began when Dr. He brought this suit for compensatory and punitive damages against.

Whether a 2 million punitive damages award to the purchaser of one car exceeds the constitutional limit created by the Due Process Clause of the 14th Amendment which prohibits a State from imposing a grossly excessive punishment on a tortfeasor. BMW OF NORTH AMERICA INC. Case brief for BMW of North America Inc.

1589 134 LEd2d 809 64 USLW 4335 96 Cal. Gore Jr 517 US 559. BMW of North America Inc 642 So.

BMW of North America Inc. Interest in protecting its own consumers and economy rather than those of other States or the entire Nation. Argued October 11 1995Decided May 20 1996 After respondent Gore purchased a new BMW automobile from an author-ized Alabama dealer he discovered that the car had been repainted.

BMW OF NORTH AMERICA INC. The Petitioner BMW Petitioner sold slightly damaged new cars for full value and never told the buyers about the damage. BMW of North America Inc.

The Respondent Gore Respondent purchased one these damaged vehicles and was awarded actual damages plus 4. After purchasing a new vehicle from an authorized Alabama BMW dealership Ira Gore Jr. 559 1996 116 SCt.

Petitioner appeals claiming the punitive damages award is grossly excessive. Discovered that his new vehicle had been repainted. He sued BMWs American distributor BMW alleging that it committed fraud by failing to inform him that his car had been repainted.

443 454 1993 and cases cited.

Source : pinterest.com