Liskow & Lewis attorneys Joe B. Norman
, Kelly B. Becker
, Katie S. Roth
, and Kathryn M. Zainey
were retained by Dow Chemical Company as appellate counsel to assist the trial team in seeking review of an intermediate appellate court decision which had reversed a district court judgment dismissing class action plaintiffs’ claims for punitive damages. The district court decision had recognized that, in a case brought under the Louisiana Groundwater Act in which the plaintiff class had obtained an order requiring Dow to remediate alleged contamination of an aquifer, there was no basis to consider the class claims for punitive damages because plaintiff class members were not awarded individual compensatory damages. The Louisiana First Circuit Court of Appeal had reversed this determination, finding that the remediation award was, standing alone, a sufficient predicate to allow for a class trial of the punitive damage claims. The Louisiana Supreme Court granted Dow’s writ application and, with an accompanying order, reinstated the district court decision.