POINDEXTER

v.

UNITED STATES

Citator

Cited By

• Zicherman v. Korean Air Lines Co., Ltd., 516 U.S. 217 (U.S. 1996)
  …l misconduct,” but vacated the punitive damages award, holding that the Warsaw Convention does not permit the recovery of punitive dam [*220] ages. In re Korean Air Lines Disaster of Sept. 1, 1983, 932 F. 2d 1475, 1479-1481, 1484-1490, cert. denied, 502 U. S. 994 (1991). The individual cases were then remanded by the Judicial Panel on Multidistrict Litigation to the original transferor courts for trial of compensatory damages issues. At petitioners’ damages trial in the Southern District of New York, KAL mo…
• Dooley v. Korean Air Lines Co., Ltd., 524 U.S. 116 (U.S. 1998)
  …held the finding of willful misconduct, but vacated the punitive damages award on the ground that the Warsaw Convention does not permit the recovery of punitive damages. In re Korean Air Lines Disaster of Sept. 1, 1983, 932 F. 2d 1475, cert. denied, 502 U. S. 994 (1991). The Judicial Panel on Multidistrict Litigation thereafter remanded, for damages trials, all of the individual cases to the District Courts in which they had been filed. In petitioners’ cases, KAL moved for a pretrial determination that the…
• Schering-Plough Corp. v. Fed. Trade Comm'n, 402 F.3d 1056 (11th Cir. 2005)
  …entists, 476 U.S. at 463, 106 S.Ct. at 2020. In rebuttal then, the plaintiff must demonstrate that the restraint is not reasonably necessary to achieve the stated objective. Bhan v. NME Hospitals, Inc., 929 F. 2d 1404, 1413 (9th Cir.), cert. denied, 502 U.S. 994, 112 S.Ct. 617, 116 L.Ed.2d 639 (1991). In the present case, the Commission emphasized that its rule of reason standard required a methodology different from that set out by the ALJ’s initial decision. The Commission chided the ALJ’s approach — wh…