peacefully execute punitive damages recovery, retributive justice
situation where a punitive damages regime, administered through the
Another normative justification for punitive damages lies within
position by stating that punitive damages historically served a
The Judge considered GM's arguments that it should not have to worry about punitive damages and disagreed.
But on Product Liabilities Claims and Independent Claims alike, New GM may be held responsible, on claims for both compensatory and punitive damages, for its own knowledge and conduct.
But to the extent New GM employees actually had knowledge relevant to post-Sale accident claims or Independent Claims (even if it was inherited), plaintiffs in actions asserting such claims are free to base punitive damages claims on evidence of such knowledge to the extent nonbankruptcy law permits.
The Court rules simply that evidence of information obtained by New GM after the sale "gets through the gate," and may be relied upon, for punitive damages purposes, to the extent otherwise appropriate in the underlying actions.
Simultaneously, a large majority of jurisdictions and the Restatement of Torts disallow punitive damages recoveries following the death of the tortfeasor.
It argues that punitive damages lose some of their appeal when leached of their retributivist content because, research in the field of moral psychology suggests, preventing future misconduct by other potential wrongdoers is not as psychologically satisfying as seeing the individual wrongdoer receive her just deserts.
Part I of this Comment argues that, contrary to the prevailing justification put forth by courts embracing the nonsurvivability rule, posthumous punitive damages do advance general deterrence.
THE GENERAL DETERRENT EFFECT OF PUNITIVE DAMAGES WHEN THE TORTFEASOR HAS DIED
Assuming negligence is proven, she will be awarded both compensatory and punitive damages.
An award for pain and suffering is an example of punitive damages.
Punitive damages are frequently bundled with compensatory damages in medical malpractice lawsuits.