EIGHTH CIRCUIT BAR ASSOCIATION
Minn. Stat § 549.191 and similar statutes in other Eighth Circuit states (and throughout the country) limit how and when claims for punitive damages can be brought. At one time, almost every decision held that these statutes applied in federal court. The Eighth Circuit has repeatedly affirmed application of these statutes in federal court. But over the past few years, multiple magistrate and district judges have held that state punitive damages pleading statutes do NOT apply in federal court under the Erie doctrine. Josh Turner and Josh Jacobson, who have authored dueling articles discussing this issue, will debate whether Minn. Stat § 549.191 and similar statutes should apply in federal court.
Because this event is co-sponsored by the Mitchell Hamline School of Law, please register using the below link: