Opening Brief for Appellant/Cross-Appellee - Appellate.net

economically vulnerable.”) (emphasis added); Neibel v. Trans World Assurance
Co., 108 F.3d 1123, 1126 (9th Cir. 1997) (finding scheme to prey on “Joe Lunch
Buckets” sufficiently reprehensible to justify a $500,000 punitive award); Life Ins.
Co. of Ga. v. Johnson, 701 So. 2d 524, 526-29 (Ala. 1997) (reducing what
originally was a $15 million punishment to $3 million where defendant engaged in
a pattern of selling worthless Medicare supplement policies to “elderly,
uneducated, single black women”).
c. Sunrise’s tort was an isolated incident.
CGB presented no evidence of “repeated misconduct of the sort that injured
[the plaintiff].” State Farm, 538 U.S. at 423. Nor could it. This was an isolated
incident of tortious interference, which did not even extend to the other RHA
facility that Sunrise was operating; there is not a shred of evidence that Sunrise has
engaged in such conduct at any other time.
The district court asserted that Sunrise was a recidivist because it allegedly
“refused to be held responsible for its actions, ignoring and rebuffing Plaintiff and
presenting countless obstacles to rapid resolution of Plaintiff’s claims.” JA9; see
also JA7 (“There was also testimony on Defendant’s treatment of Plaintiff
throughout the course of their relationship – and this testimony certainly was not
favorable to Defendant.”); JA12 (“the evidence tells a tale of repeated stalling and
dishonesty, starting from the initial interference with Plaintiff’s relationships with
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