NiSource Inc., et al. v. Tawney, et al.

Cert. was not granted in this case.

This case was appealed in conjunction with Massey Energy Company, et al. v. Wheeling Pittsburgh Steel Corporation, et al.

NCLC urged the Supreme Court to review two blockbuster punitive damages awards from West Virginia courts, one of which was the largest punitive damages award in West Virginia history. According to NCLC's brief, state courts are failing to reign in outrageous punitive damages awards in part because of confusion over the application of the three "guideposts" outlined in BMW v. Gore. NCLC also emphasized the importance of appellate review as a critical check against arbitrary punitive damages awards.

The Supreme Court dismissed the cert. petition in NiSource Inc., et al. v. Tawney, et al. after the parties settled the case. The Supreme Court denied the cert. petition in Massey Energy Company, et al. v. Wheeling Pittsburgh Steel Corporation, et al.
 

Amicus brief supporting cert. filed 9/22/08. Cert. petition in NiSource dismissed 11/25/08. Cert. denied in Massey 12/1/08.