Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

The Court of Appeals overruled Kent v. A. O. White Jr., Consulting Engineers PC, A01A0756 1/29/02, 02 FCDR 374, to the extent that it held that the Georgia Supreme Court adopted the standard set forth in Cooper Indus. Inc. v. Leatherman Tool Group Inc., 532 U. S. 424 2001, with respect to all excessive punitive damages claims under state and federal common law.

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This is the second appearance of this case before this Court. On July 13, 2000, we affirmed the jury’s award of compensatory and punitive damages to appellees Six Flags Over Georgia, L. L. C. “Flags” and Six Flags Fund, Ltd., L. P. “Fund”. Time Warner Entertainment v. Six Flags Over Georgia, 245 Ga. App. 334 537 SE2d 397 2000 “Time Warner”.1 On January 18, 2001, the Supreme Court of Georgia denied the petition for a writ of certiorari filed by appellants Time Warner Entertainment Company, L.P. “TWE” and its subsidiaries Six Flags Over Georgia “SFOG”, Six Flags Entertainment Corporation “SFEC”, and Six Flags Theme Parks, Inc. “SFTP”. Time Warner, 2001 Ga. LEXIS 98 Ga. Jan. 18, 2001. However, on October 1, 2001, the United States Supreme Court granted certiorari, vacated our opinion, and remanded the case to us for further consideration in light of an opinion it issued on May 14, 2001, Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U. S. 424 121 SC 1678, 149 LE2d 674 2001 “Leatherman”. Time Warner, ___U. S. ___ 122 SC 24, 151 LE2d 1 2001. Upon remand, we re-docketed this case and gave the parties an opportunity to brief and to orally argue the relevant issues.

1. Leatherman pertains only to our analysis of whether the award of punitive damages in this case was excessive. We addressed whether the award of punitive damages was excessive in Division 6 c of our original opinion. Time Warner, 245 Ga. App. at 356-357 6 c. Therefore, with the exception of Division 6 c, we hereby reinstate our original opinion, Time Warner, 245 Ga. App. at 334-356.

Time Warner Entertainment Co. LP v. Six Flags Over Ga. LLC

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