Supreme Court of the United States · Official docket →
Colorado Department of Labor and Employment, Division of Workers' Compensation v. Dami Hospitality, LLC
Paid petition · Supreme Court of Colorado, No. 17SC200 · judgment June 17, 2019
Before the decision, about 5× the 4.1% base rate. The model weighted this up for a federal-government petitioner, a circuit split argued in the petition, and a dissent in the court below (flagged in the petition), and down for a business respondent.
Question presented
After a corporation repeatedly failed to maintain required workers’ compensation insurance, the state of Colorado imposed fines. The Colorado Supreme Court held that the Eighth Amendment’s Excessive Fines Clause applied to corporations and that the state must consider the corporation’s ability to pay the statutory fine before assessing it. The question presented is: Whether the Eighth Amendment’s Excessive Fines Clause applies to corporations as it does individuals and, if so, whether and to what extent it requires consideration of an offender’s ability to pay a fine in determining whether a fine is constitutional.
Counsel of record
For petitioner
Eric Reuel Olson
Solicitor General
For respondent
Gregory George Garre
Latham & Watkins LLP
Proceedings
- Jan 13 2020Petition DENIED.
- Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
- Dec 23 2019Reply of petitioner Colorado Department of Labor and Employment, Division of Workers' Compensation filed. (Distributed)
- Dec 06 2019Brief of respondent Dami Hospitality, LLC in support filed.
- Nov 14 2019Petition for a writ of certiorari filed. (Response due December 18, 2019)
- Aug 27 2019Application (19A207) granted by Justice Sotomayor extending the time to file until November 14, 2019.
- Aug 20 2019Application (19A207) to extend the time to file a petition for a writ of certiorari from September 15, 2019 to November 14, 2019, submitted to Justice Sotomayor.