Archive: Punitive Damages

  • Limits on Multiple Punitive Damages Resolution March 15, 2013

     WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and   WHEREAS, limiting multiple punitive damages awards would open the way for the prompt resolution of claims involving many injured plaintiffs; and WHEREAS, state and lower federal courts can provide only incomplete solutions to the problems caused by multiple punitive damages awards because they lack the power or the authority to prohibit subsequent awards in other courts ;and WHEREAS, tort law should also permit subsequent claimants to overcome this limit and pursue additional punitive damages by showing new and substantial […]

  • Punitive Damages Standards Act March 15, 2013

    Punitive Damages Standards Act Summary The Punitive Damages Standards Act establishes a standard for liability for punitive damages, raises the burden of proof to clear and convincing evidence, allows a bifurcated trial on the question of whether the defendant is liable for punitive damages, limits the amount of a punitive damages award to twice the amount of the plaintiff’s actual compensatory damages, limits vicarious liability for punitive damages, and precludes imposition of punitive damages when a product or service was approved by a government agency or complies with government regulations. Because the laws governing punitive damages vary among the states, […]