compensatory damages cap upon punitive damages (3) is too generous and
6) Punitive damages are intended to punish the defendant and to deter
states, (9) punitive damages can be awarded in tort actions for
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 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.
16) The jury also found Franklin and National liable for punitive damages and awarded Lewellen $1 million for each claim.
265, which states that punitive damages are not to exceed the greater of $500,000 or five times the judgment awarded in favor of the plaintiff.
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.
As a result, the recipient of the award of punitive damages for the bad faith conduct of their insurer resulted in a major tax consequence and not the windfall the plaintiffs thought they received.
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.
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.
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.
Defendants in mass tort, multi-district, and class action litigation often face lawsuits from numerous plaintiffs, each of whom is entitled to assert a claim for and potentially obtain an individual award of punitive damages for a single, allegedly egregious act.
This article examines the possibility of having juries use a punitive damage multiplier to determine punitive damages in class action or mass tort litigation, paying particular attention to the advantages and disadvantages of its use.