All Star is a small, family-operated business that employs about 20 people. ![]() HALO is an expanding company its expansion comes, in part, from hiring other promotional companies’ account executives who have preexisting clients. HALO is a large, full-service promotional products distributor employing about 2,000 people. 2 Factual and Procedural History 3 Both HALO and All Star sell branded promotional products and offer other branding services to their clients. 2 All statutory references are to RSMo 2016 unless otherwise indicated. The circuit court’s judgment is affirmed. This Court declines to review the remaining arguments HALO raises on appeal, as they fail to comply with Rule 84.04. Despite All Star and HALO’s various challenges, the circuit court’s application of the punitive damages cap in section 510.265 did not violate All Star’s right to a jury trial, and the reduced award did not violate HALO’s due process rights. In three multifarious points relied on, HALO contests the circuit court’s rulings: (1) overruling HALO’s motion for directed verdict and partially overruling its motion for judgment notwithstanding the verdict (“JNOV”) as to the tortious interference claim (2) allowing All Star to submit the issue of future damages to the jury as to the tortious interference claim (3) permitting All Star to introduce an exhibit as evidence of lost profits (4) refusing to strike testimony regarding that exhibit and regarding lost profits (5) overruling HALO’s motions for directed verdict and JNOV because punitive damages were not submissible (6) overruling, in part, HALO’s motion to reduce punitive damages because All Star failed to make a submissible case for punitive damages and (7) overruling, in part, HALO’s motion to reduce punitive damages because even the reduced punitive damages award violated due process. 2 All Star contends the application of the statutory punitive damages cap found in section 510.265 violated its right to a jury trial. 1 The circuit court thereafter reduced the punitive Ford is not a party to this appeal or cross-appeal. 1 Finally, the jury assessed $5.5 million in punitive damages against HALO. The jury also found Ford and HALO tortiously interfered with All Star’s business and awarded All Star $500,000 in actual damages. The jury awarded All Star $25,541.88 in actual damages after finding All Star’s employee, Doug Ford, breached his duty of loyalty to All Star and HALO conspired with Ford to breach this duty of loyalty. appeals the reduction of a jury’s punitive damages award against HALO Branded Solutions, Inc. Torrence, Judge All Star Awards & Ad Specialties Inc. SC99007 APPEAL FROM THE CIRCUIT COURT OF JACKSON COUNTY The Honorable John M. ) ) ) ) ) ) ) ) ) ) ) Opinion issued ApNo. HALO BRANDED SOLUTIONS, INC., Respondent-Appellant. SUPREME COURT OF MISSOURI en banc ALL STAR AWARDS & AD SPECIALTIES, INC., Appellant-Respondent, v. ![]() The Supreme Court affirmed, holding (1) the circuit court properly reduced All Star's award of punitive damages and (2) the reduced award was within the constitutional parameters of due process. ![]() The circuit court applied section 510.265 and capped the punitive damages award at five times All Star's actual damages - or $2,627,709 - and entered final judgment in accordance with the jury's verdicts. The jury awarded All Star $525,542 in actual damages and assessed $5.5 million in punitive damages against HALO. A jury found HALO tortiously interfered with All Star's business expectancy, that Ford breached his duty of loyalty to All Star, and that HALO conspired with Ford to breach this duty of loyalty. 510.265 did not violate All Star Awards & Ad Specialities Inc.'s right to a jury trial, and the reduced award did not violate HALO's due process rights.Īll Star brought this action against HALO and All Star's employee, Doug Ford. The Supreme Court affirmed the judgment of the circuit court reducing the jury's punitive damages award against HALO Branded Solutions, Inc., holding that the circuit court's application of the punitive damages cap in Mo.
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