Advanced Micro Devices Inc (AMD)

[dacaw]

I know the Civil Code & CCP rather well

"Not as well as you think that you do"

Interesting attack. Why do you say this?

<The damages will be substantial. I estimate, before punitives, $10bn>

Your response "Punitive damages are NOT available in an antitrust law suit. They are available for ambulance chasers (something within your level of expertise?) in personal injury cases. Antitrust cases -- by statute -- provide for treble damages."

Ah, but as I have pointed out this is not only about antitrust, there are 3 causes of action: 1) Sherman Act (antitrust); 2) Clayon Act (federal unfair business practices); 3) CA Bus & Prof Code (tortious interference with bus relationships). Where there is fraud, malice & oppression there certainly are punitives and you can see them claimed in the Complaint's prayer, section C. I do think however that the Complaint will have to be amended to allege, explicitly, the fraud, malice & oppression.

Now if you can point me to some caselaw that prohibits punitives in the 2nd & 3rd causes of action I would be willing to debate this. I don't know the Clayton Act since its federal, not state, and I don't have access to federal caselaw on an easy basis. However I will not argue the Codes for that is the job of published opinions and I think you ought to do some work before you challenge any analysis.

Certainly punitives are not limited to personal injury cases, in fact there they are quite rare I would think. I successfully guided a nuisance case where the Complaint demanded punitives (that's also a tort by the way).