Ondrisek reveals that although the Eighth Circuit uses the same test as the Supreme Court, it certainly applies it differently. When comparing Ondrisek and other Eighth Circuit cases, one sees a subtle pattern that diverges from the Supreme Court’s jurisprudence. However, these differences are not yet distinct enough for the Supreme Court to have granted certiorari to resolve the inconsistencies.
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages in Ondrisek v. Hoffman, The,
78 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol78/iss3/8