The Pennsylvania Superior Court has tossed out a $38.5 million punitive damages award in a case involving a fatal shooting at a Kraft factory, but according to several plaintiffs attorneys, the ruling tossed out much more than money.

On July 18, a three-judge Superior Court panel determined the plaintiffs in Wilson v. U.S. Security Associates were time-barred from seeking punitive damages in their lawsuit stemming from the shooting that left two women dead. As part of the decision, the unanimous panel held that the plaintiffs' attempts to reinstate their punitive damages claim “improperly added a new cause of action.”

According to the opinion, although the plaintiffs had initially sought punitive damages, they later stipulated to strike the punitive damages—including the words “reckless, outrageous, intentional, and/or wanton”—from the complaint without prejudice. However, after the plaintiffs retained new counsel, they sought to reinstate the punitive damages claims. The trial court allowed it, but Superior Court Judge William Platt said the plaintiffs were simply too late.