Janutis Publishes Article on Remedies, Punitive Damages

Professor Rachel M. Janutis has published Reforming Reprehensibility: The Continued Viability of Multiple Punitive Damages after State Farm v. Campbell in 41 SAN DIEGO LAW REVIEW (November 2004).

The article was originally presented at the 2003 3rd Remedies Discussion Forum sponsored by Washington and Lee School of Law and the University of Louisville, Brandeis School of Law. The forum brought together remedies scholars from the US, the UK, Canada and Australia.

“With State Farm v. Campbell, the US Supreme Court limited the purposes for which punitive damages can be imposed,” explained Janutis. “In so doing, the Court limited a party’s ability to present third party evidence as evidence of reprehensibility.”

Additionally, Janutis has a companion article forthcoming in a journal to be determined entitled A Fair Apportionment Approach to Punitive Damages.

“The second article, A Fair Apportionment Approach to Punitive Damages, compares the US Supreme Court’s review of punitive damages to the Court’s review of taxation of interstate enterprises,” said Janutis. “It concludes that the Supreme Court has taken a more deferential procedure-based review of state taxing decisions than it has of state punitive damage awards and argues for a return to a more deferential procedure-based approach for punitive damages.”

Professor Janutis joined Capital Law School in 2002 from the University of Illinois College of Law where she was a visiting assistant professor teaching Remedies, Civil Procedure, Administrative Law and Federal Courts. Prior to teaching at the University of Illinois, Professor Janutis served as a law clerk for The Hon. Harlington Wood Jr., of the U.S. Court of Appeals for the Seventh Circuit. Professor Janutis also practiced with the Chicago law firm of Winston & Strawn. Her practice focused primarily on commercial litigation matters, including antitrust litigation, contract disputes, business torts and products liability. Additionally, she represented juveniles in delinquency and abuse and neglect proceedings on a pro bono basis.

Professor Janutis is a co-author of Cases and Problems on Remedies, 3rd ed. with Elaine W. Shoben and William Murray Tabb. Her areas of research include Civil Procedure, Remedies and Complex Litigation, specifically issues pertaining to jurisdiction, venue and punitive damages. At Capital, Professor Janutis teaches Civil Procedure, Remedies and Complex Litigation.