WESTGATE RESORTS v. CONSUMER PROTECTION

No. 20100425.

285 P.3d 1219 (2012)

2012 UT 55

WESTGATE RESORTS, LTD., Plaintiff, Counterdefendant, and Appellant, v. Shaun S. Adel and CONSUMER PROTECTION GROUP, LLC, Defendants, Counterclaimant, and APPELLEE.

Supreme Court of Utah.

September 7, 2012.


Attorney(s) appearing for the Case

Michael D. Zimmerman , Troy L. Booher , Christopher L. Stout , Salt Lake City, Richard W. Epstein , Ft. Lauderdale, FL, for appellant.

L. Rich Humpherys , Karra J. Porter , Scot A. Boyd , Salt Lake City, for appellee.


Associate Chief Justice NEHRING, opinion of the Court:

¶ 1 In this appeal we review and hold to be unconstitutional a jury's award of punitive damages. Westgate Resorts contends that the punitive damages awarded to Consumer Protection Group violate both substantive and procedural due process. We agree with Westgate that the award violates procedural due process. In light of this conclusion, we need not reach Westgate's argument that the award was unconstitutionally...

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