Chi. Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007) (citation omitted). And we review the "record in the same fashion as the district court."

Clear and convincing evidence is that measure or degree of proof which is more than a mere preponderance of the evidence, but not to the extent of such certainty as is required beyond a reasonable doubt in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 991 (6th Cir. 2007) (citations to Ohio state-court decisions omitted, internal quotation marks omitted), cert. denied, ___ U.S. ___, 128 S.Ct. 1125, 169 L.Ed.2d 950 (2008). Emphasizing the strength of the deference which federal habeas courts accord to state courts' factual findings, our Circuit has stated flatly "`[t]he [federal] appeals court gives complete deference to the . . . state court's findings of fact supported by the evidence.'"

For even where the jury has found an entitlement to punitive damages, the appropriate punitive damages award may still be zero. Chicago Title Ins. Corp. v. Magnuson , 487 F.3d 985, 1001 (6th Cir. 2007) (applying the State Farm factors and holding that the district court erred in upholding a jury verdict for any punitive damages following the jury's $32.4 million punitive damages and $10.8 million compensatory damages award). In making that threshold assessment, the "most important indicium of the reasonableness of a punitive damages award is the degree of reprehensibility of the defendant's conduct."

We apply a de novo standard of review when reviewing a district court's determination of the constitutionality of a punitive-damages award. Cooper Indus., Inc. v. Leatherman Tool Grp., Inc., 532 U.S. 424, 436, 121 S.Ct. 1678, 149 L.Ed.2d 674 (2001); see also Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 999 (6th Cir. 2007). Compensatory damages "are intended to redress the concrete loss that the plaintiff has suffered by reason of the defendant's wrongful conduct."

In assessing the reprehensibility of a defendant's conduct in cases such as this where the harm is economic and not physical, we have stated that "the primary considerations to be addressed are [the plaintiffs] financial vulnerability, whether [the defendant's] conduct was repeated, and the culpability of [the defendant's] actions." See Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 999 (6th Cir. 2007). New York Life asserts that Morgan is not financially vulnerable, noting that he earned between $500,000 and $1,000,000 during each of his five years in the Cleveland office.

The Sixth Circuit has explained that “Rule 56 places an affirmative duty on the nonmovant to cite to ‘particular parts of materials in the record' to establish that a particular fact cannot be supported or is genuinely disputed. Fed.R.Civ.P. 56(c)(1); see Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir.2007).” Emerson v. Novartis Pharm. Corp., 446 Fed.Appx. 733, 734 (6th Cir. 2011).

(internal quotation marks and citation omitted)); Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007) (“A district court is not required to search the entire record to establish that it is bereft of a genuine issue of material fact.” (internal quotation marks and citation omitted)); Amnesty Am. v. Town of West Hartford, 288 F.3d 467, 470 (2nd Cir. 2002)

Elder v. Berghuis, 644 F.Supp.2d. 888, 893 (W. D. Mich. 2009) (citing Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 991 (6th Cir. 2007)).

In addition, the Court has no independent obligation to comb the record in search of evidence supporting Harmon's argument. In response to a motion for summary judgment, Harmon “‘has an affirmative duty to direct the court's attention to those specific portions of the record upon which it seeks to rely to create a genuine issue of material fact.'” Chicago Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007) (quoting In re Morris, 260 F.3d 654, 665 (6th Cir. 2001)). As the Sixth Circuit has stated:

Dice Corp. v. Bold Techs., 556 F. App'x 378, 384 (6th Cir. 2014). Consequently, the Sixth Circuit has noted that it does "not entertain on appeal factual recitations not presented to the district court when reviewing a district court's decision." Ibid. (citing Chi. Title Ins. Corp. v. Magnuson, 487 F.3d 985, 995 (6th Cir. 2007); Guarino v. Brookfield Twp. Trustees, 980 F.2d 399, 404 (6th Cir. 1992)). "This burden to respond is really an opportunity to assist the court in understanding the facts."