Filed August 20, 2012
O’Neill v. Krzeminski, 839 F.2d 9, 13 (2d Cir. 1988) (quoting Zarcone v. Perry, 572 F.2d 52, 56 (2d Cir. 1978)). Vivendi cannot come close to meeting that standard, given that the damages award fell (i) below the total calculated by Dr. Nye, a qualified damages expert, and (ii) well below the uncontested €1.56 billion decline in the value of Liberty’s shares in Vivendi from December 16, 2001 to August 14, 2002.
Filed October 2, 2014
See, e.g., Smith v. Lightning Bolt Prods., 861 F. 2d 363, 373 (2d Cir. 1988) (“The incompleteness of the record as to [defendant's] net worth is not a basis for reducing the punitive damages award against him, for it is the defendant's burden to show that his financial circumstances warrant a limitation of the award.”); Zarcone v. Perry, 572 F.2d 52, 56 (2d Cir. 1978) (“It is true that without ... Case 1:09-cv-05583-JFK-GWG Document 210 Filed 10/02/14 Page 5 of 19 # 1516853 v1 6 evidence [of defendant's net worth] no one can be sure of the severity of the monetary sanction that the jury imposed. A $60,000 award may bankrupt one person and be a minor annoyance to another.