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Texas appellate court sustains $750,000 in exemplary damages for defamation

Burbabe v. Burbage (Tex. App. Dec. 21, 2011)

Decision:  official; Leagle; Findlaw

Opinion by Justice Jeff L. Rose

Gregory S. Cagle for plaintiff.

Jason P. Steed, James J. Scheske, David C. Lawrence, and Peter D. Kennedy for defendant.

Plaintiff sued his brother for defamation, receiving $3.8 million compensatory damages and $5.8 million in exemplary damages.  The appellate court reduced the exemplary damages to $750,000 as required by a state-law damages cap, and held that this amount did not violate federal due process.

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