On December 13, 2024, WLF urged the Ninth Circuit to bring a district court’s runaway disgorgement award back within equitable bounds. In its amicus brief supporting BNSF, WLF argues that, under binding precedent, disgorgement awards cannot exceed the net profits of the wrongdoer. In fact, disgorgement awards must deduct legitimate expenses. And above all, disgorgement awards may not be so excessive that they cross the line from equity into penalty. The decision here jettisons each of those limits. By disregarding BNSF’s legitimate contributions in calculating its disgorgement award, the district court crossed the line from equity into penalty.
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