Ashley Andrews v. Robert Raphaelson

MEMORANDUM ***

Ashley Andrews and Ashtonwood Stud Associates, L.P. (collectively, “Andrews”) appeal the district court’s order reducing the jury’s punitive damages award against Robert Raphaelson. We previously reversed the district court’s reduction of punitive damages, Andrews v. Raphaelson, 846 Fed.Appx. 198 (9th Cir.2009), and on remand, the district court entered a second order reducing punitive damages as excessive, in nearly the same amount. We reverse again.

“We review for abuse of discretion a district court’s decision to grant or deny a motion for a new trial or remittitur because of the size of a punitive damages award.” Morgan v. Woessner, 997 F.2d 1244, 1266 (9th Cir.1993). 1 A district court abuses its discretion when it applies an incorrect legal rule. See Ahanchian v. Xenon Pictures, Inc., 624 F.3d 1253, 1258 (9th Cir.2010). In this case, the district relied on a excessiveness standard under Nevada state law which the Nevada Supreme Court has expressly abrogated. See Bongiovi v. Sullivan, 122 Nev. 556 , 138 P.3d 433, 452 (2006) (adopting the federal standard articulated in State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 , 123 S.Ct. 1513 , 155 L.Ed.2d 585…

FILED

NOT FOR PUBLICATION APR 27 2012

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S . CO U RT OF AP PE A LS

FOR THE NINTH CIRCUIT

ASHLEY ANDREWS; ASHTONWOOD No. 11-16287

STUD ASSOCIATES, L.P.,

D.C. No. 2:06-cv-00209-RCJ- Plaintiffs - Appellants, GWF

v.

MEMORANDUM *

ROBERT B. RAPHAELSON; LUCILLE

R. RAPHAELSON; KENTUCKY BLUE

STABLES,

Defendants - Appellees.

Appeal from the United States District Court for the District of Nevada Robert Clive Jones, Chief District Judge, Presiding

Submitted December 14, 2011** San Francisco, California

Before: RAWLINSON and BYBEE, Circuit Judges, and BURNS, District

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). Judge.***

Ashley Andrews and Ashtonwood Stud Associates, L.P. (collectively,

'Andrews') appeal the district court's order reducing the jury's punitive damages

award against Robert Raphaelson. We previously reversed the…

concurring:

I concur in the result.