addition to these express changes in the punitive damage provision, in
the Uniform Act with a state's general punitive damage reforms.
excessiveness of punitive damage awards in BMW of North America, Inc.
The key to effectively defending against punitive damage claims and abating these risks starts with the premise that entitlement to punitive damages relates exclusively to the conduct or behavior of the defendant, not the severity of the consequences of that conduct.
Actually trying a punitive damage claim requires an additional comprehensive strategy, which may be distinct from defending the merits of the claim at trial or in some cases at odds some of the underlying defenses.
In applying Gore's second guidepost to the facts of Campbell, (66) the Court noted its continued reluctance to identify concrete constitutional limits on punitive damage awards.
265; the trial court granted the motion and reduced the $1 million punitive damage award to $500,000.
What happens when the recipient of punitive damages fails to pay income tax on the recovery?
01/24/2011) the United States Tax Court dealt with a recipient of insurance bad faith punitive damages who tried to avoid tax on the award.
refuse to permit punitive damage claims against the estates of deceased wrongdoers because the punishment and deterrence rationales no longer are viable once the wrongdoer is deceased.
Robbennolt, Punitive Damage Decision Making: The Decisions of Citizens and Trial Court Judges, 26 Law & Hum.
Baker, is not the systemic amount of punitive damages in the tort system; rather, it is the risk of outlier outcomes.
7) The Court has well earned this criticism since it has not explained why single-digit multipliers satisfy constitutional or theoretical concerns aside from relying on an unfounded perception that punitive damages have spiraled out of control.
One solution to this problem may be the punitive damage multiplier.
Although the idea of a punitive damage multiplier has not yet been widely recognized, various courts and commentators have considered the use of a multiplier to increase the efficiency of complex litigation.