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Epic Systems Corporation v. Tata Consultancy Services Limited, et al.

Paid petition · United States Court of Appeals for the Seventh Circuit, No. 19-1528, 19-1613 · judgment November 19, 2020


Certiorari denied · March 21, 2022
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

In this case involving a proven theft of trade secrets and other state law torts, a properly-instructed jury awarded plaintiff Epic Systems Corporation (“Epic”) $140 million in compensatory damages. The jury also awarded punitive damages, which the district court reduced to $280 million through its application of a Wisconsin statute that caps punitive damages at two times the compensatory award. On appeal, defendant Tata Consulting Services (“TCS”) did not contest liability but challenged the compensatory and punitive damage awards. The Seventh Circuit upheld the compensatory award and upheld Epic’s entitlement to punitive damages. It found, however, that despite the Wisconsin statute, which placed TCS on notice of the risk a jury could award punitive damages up to the defined multiple, the Due Process Clause of the United States Constitution prohibited an award of punitive damages in an amount greater than the amount of the compensatory award. The question presented is as follows: Does a state statute that expressly caps punitive damages at two times compensatory damages satisfy the notice requirement of the Due Process Clause such that a punitive damages award that complies with the statute is constitutionally sound under the Due Process Clause?

Counsel of record

For petitioner
Michael T. Brody
Jenner & Block LLP

For respondent
Carter G. Phillips
Sidley Austin LLP

Case

Conference history
Distributed for 3 conferences

Amicus briefs
1 cert-stage

Proceedings

  1. Mar 21 2022
    Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
  2. Mar 02 2022
    DISTRIBUTED for Conference of 3/18/2022.
  3. Mar 01 2022
    Supplemental brief of respondents Tata Consultancy Services Limited & Tata America International Corporation (d/b/a TCS America) filed. (Distributed)
  4. Feb 25 2022
    Supplemental brief of petitioner Epic Systems Corporation filed.
  5. Feb 15 2022
    Brief amicus curiae of United States filed.
  6. Oct 12 2021
    The Acting Solicitor General is invited to file a brief in this case expressing the views of the United States. Justice Barrett took no part in the consideration of this petition.
  7. Oct 04 2021
    DISTRIBUTED for Conference of 10/8/2021.
  8. Jun 30 2021
    DISTRIBUTED for Conference of 9/27/2021.
  9. Jun 28 2021
    Reply of petitioner Epic Systems Corporation filed. (Distributed)
  10. Jun 11 2021
    Brief of respondent Tata Consultancy Services Limited & Tata America International Corporation (d/b/a TCS America) in opposition filed.
  11. Apr 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including June 11, 2021.
  12. Apr 15 2021
    Motion to extend the time to file a response from May 12, 2021 to June 11, 2021, submitted to The Clerk.
  13. Apr 06 2021
    Petition for a writ of certiorari filed. (Response due May 12, 2021)