Alabama appellate court upholds $310,000 award for defamation, on nominal damages, against federal due process challenge
Tanner v. Ebbole (Ala. App. Sept. 23, 2011)
Decision: official; Leagle; Findlaw. Background: Eric Goldman
Opinion by Judge Craig Sorrell Pittman
A well-established tattoo artist was subjected to a campaign of slander and libel by profit-motivated startup competitors who falsely told consumers she had a variety of communicable diseases, and used unsafe practices putting her customers at risk. She recovered nominal damages against three defendants, and a total of $310,000 in exemplary damages. All of the exemplary awards were upheld against a federal due process attack, though one of the awards was reduced from $200,000 to $50,000 under a state damages cap favoring small businesses.
Robert E. Clute, Jr., and Neil L. Hanley for plaintiff
Patrick Collins and Derek C. S. Rose for defendants