problem for deterrence if punitive damages are limited to a level, that
that the deterrent effect of a punitive damages award may not only be
Lessons counsel should learn from the GM ignition switch failure Landmark sum of punitive damages in gender discrimination case to settle soon ________________________________________________________________________________________________________________
As a case in point, on July 9, 2015, New York's Appellate Division upheld a lower court decision that allows plaintiffs to include a claim for punitive damages as part of the compensatory phase of the trial in asbestos cases in New York City.
The argument surrounding statutory caps on punitive damages seems to be black and white--either for or against.
16) The jury also found Franklin and National liable for punitive damages and awarded Lewellen $1 million for each claim.
Much is said about punitive damages and how they are used to punish wrongdoers.
Punitive damages are intended to punish the wrongdoer.
Nearly every jurisdiction that allows for the recovery of noncompensatory punitive damages conceives of them as serving two main purposes: (1) punishing outrageous conduct and (2) deterring its future occurrence.
Simultaneously, a large majority of jurisdictions and the Restatement of Torts disallow punitive damages recoveries following the death of the tortfeasor.
This Article provides a financial economic theory of punitive damages.
In the course of fundamentally reshaping the law on punitive damages, (1) the Supreme Court came to accept the rhetoric that punitive damages are "out of control.
DEBATE ABOUT the various issues arising from the award of punitive
damages, particularly in the context of mass tort and complex litigation, has raged for decades in courtrooms, classrooms, and the media.
Assuming negligence is proven, she will be awarded both compensatory and punitive
The above hypothetical is taken from an actual case where punitive
damages were allowed by the courts because of the egregious nature of misconduct.