Chicago associate Katie Klamann co-wrote “Time for a New Constitutional Challenge to Civil Penalties?” for Law360. When the chief of the National Highway and Traffic Safety Administration (NHTSA) proposed an increase from $35 million to $300 million in maximum potential fines, the automobile industry was forced to start thinking about ways to possibly challenge the scope of the fines.

One such argument is that some of the fines leveled by NHTSA and other regulatory agencies are unconstitutional, as they may be considered unduly restrictive, excessive, or punitive, and therefore not enforceable. The article considers how the industry might make this argument, including judicial precedents which would help in the fight against excessive penalties.

Read “Time for a New Constitutional Challenge to Civil Penalties?”