Sometimes an award of $12.1 million is more attractive than $15.4 million. That’s what the lawyers for State Farm Mutual Automobile Insurance Co. decided when they were forced to choose whether to take a trebling of a jury’s compensatory award of more than $4 million or leave the compensatory award unchanged and keep the jury’s award of $11.4 million in punitives.
Under the law, the winning plaintiff in such cases cannot have both a trebling of the RICO compensatory damages and punitive damages, but must “elect” to take one or the other.
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