In a criminal matter precedent would absolutely have an impact in the real world. That I understand very well. Yet this is a civil matter and you seem to believe precedent will have just as much impact even when there are no penalties. That is where we disagree.
If Jones is able to walk away without suffering any penalty for what he did THAT is the precedent that is established.
Is there no route in civil cases to raise a federal constitutional issue on review of the state court decision, by the federal District Courts, or is the only remedy to seek cert. to the Supreme Court?
Question for any of our lawyer types - in terms of his claims that he will be protecting the funds Jones grifts in his latest efforts from going to the persons that rightly deserve them, is this a) fodder for the grift with no legal basis b) as suggested upthread expected to be hidden via financial chicanery and bankruptcy c) poured into some sort of new LLC with a narrow remit to only pay Jones’ legal costs and operate his business/grift d) some combination or something else entirely?
State courts are obligated (and generally do) to follow the mandates from the U.S. Supreme Court. Defendants file motions to reduce (or eliminate) punitive damages at the trial court and in every appeal. If the highest state court doesn’t rule their way, they have to petition the U.S. Supreme Court to review. It doesn’t go to the federal district court. The Campbell decision itself was an appeal from the Utah Supreme Court.
Thanks. I was thinking of collateral review of state criminal cases via habeas to federal district courts, with which I’m more familiar. Wondered if there was an equivalent on the civil side. Sounds like there isn’t.
Because the law has enough grey area and judgment call that they don’t know what an appellate court will do. But even if they reduce the punitive award from $4 billion to $1 billion, it is still significant.
The whole idea that the due process clause protects defendants like this is entirely made up by the courts, but you seldom here conservatives complain about it.
IANAL or even, apparently, an especially sharp reader, because I’m having a hard time tracking the last few dozen posts. Can someone explain this sort-of-simply to me?
Jones says he’ll never pay a dime. That’s just bluster, right?
What constitutes the final “hammer” that compels him to pay up?
How much will that amount likely be?
What happens if the amount exceeds his net worth, liquifiable assets, future earnings/grift potential, etc.?
Jones has shifted everything to shell companies and off-shore holdings. There isn’t anything except current grift to attach. Until a court orders such a lien, he continues to rake in the money from suckers.
Jones has been planning on something like this happening for years.
IA still NAL, but it depends on how Jones would be filtering the money back from the various shell companies to himself. If they’re “payments” to him, then they can be garnished or otherwise subject to liens. If he trusts his wife enough, odds are the money will flow into accounts under her name as the simplest approach to avoid capture. But I’m sure there are all sorts of other offshoring tricks he can use.
All I know about this is from movies and TV, but …
If someone steals a billion dollars, the FBI leaves no stone unturned tracing the offshore accounts where the money might be stashed. If Jones is ordered to pay a billion dollars and doesn’t, isn’t that the same as stealing it? So wouldn’t the FBI chase that money down?
Alternately … Jones isn’t the only person who’s made money off his sliminess. Can web service providers, etc., effectively be barred from carrying his crap by holding them liable for these damages?
IANAL either, but that could be countered by filing a joinder to basically add her to the Abstract of Judgment (or whatever the nomenclature of the particular document that enabled the awarded to collect).