Download or read book Defective Punitive Damage Awards written by Jill Wieber Lens and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Private redress theories of punitive damages recognize an individual victim’s right to be punitive. That right exists because the defendant knew its conduct would probably cause the victim a severe injury, yet the defendant still acted, willfully injuring the victim. The injured victim can seek and obtain punitive damages to punish the defendant for disrespecting her rights. This Article is the first to apply private redress theories of punitive damages to claims involving a defective product. This application is unexpectedly difficult because of the importance of evidence of harm to nonparties in establishing defect, and because the defendant’s knowledge of the probable injury was not specific to the injured victim but instead general to all potential victims. Absent special circumstances, the manufacturer disrespected each of the injured victims in the same way. Consistent with private redress theories, each injured plaintiff can seek punishment for that disrespect. But the disrespect is not unique and each injured plaintiff should receive an identical punitive damage award.”

Download or read book Punitive Damages Law and Practice written by James D. Ghiardi and published by . This book was released on 1981 with total page 1078 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Proving Punitive Damages written by Tom Riley and published by Prentice Hall. This book was released on 1981 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by American Bar Association. Special Committee on Punitive Damages and published by . This book was released on 1986 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by James B. Sales and published by . This book was released on 1984 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Fairness in Punitive Damages Awards Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1999 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Successfully Challenging Punitive Damage Awards written by Theodore J. Boutrous and published by . This book was released on 2003 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by Robert G. Schloerb and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages and Business Torts written by Thomas J. Collin and published by American Bar Association. This book was released on 1998 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages written by John J. Kircher and published by . This book was released on 2000 with total page 1744 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Procedural Due Process and Predictable Punitive Damage Awards written by Jill Wieber Lens and published by . This book was released on 2014 with total page 67 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Exxon Shipping Co. v. Baker, the Supreme Court's most recent opinion on punitive damage awards, the Court declared that the real problem with punitive damage awards is their “stark unpredictability.” The Court abandoned all hope that common law jury instructions could produce predictable punitive damage awards. Instead, the Court suggested pegging punitive damage awards to compensatory damage awards. So far, analysis of the opinion has been minimal, likely due to the purported maritime law basis of the holding.Exxon should not be overlooked, however, as it signals a resurgence of procedural due process as a basis for challenging punitive damage awards -- a type of challenge the Court has not heard since the early 1990s. Predictability of the amount is no different than fair notice of the likely severity of an award, which procedural due process requires. If common law jury instructions cannot produce predictable punitive damage awards, they also cannot produce awards consistent with the notice procedural due process requires. The Court's Exxon pegging solution will not produce predictable awards (and ones that comply with procedural due process) because it relies on compensatory damages, which are inherently unpredictable. As an alternative, this Article suggests looking to restitution, a non-controversial punitive, civil remedy. Basing punitive damages on the defendant's gain would produce predictable awards--as procedural due process requires.

Download or read book Demystifying Punitive Damages in Products Liability Cases written by Michael Rustad and published by . This book was released on 1991 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punishing for the Injury written by Jill Wieber Lens and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that punitive damages serve only the private law purpose of resolving the parties’ dispute. This Article examines tort law’s influence on the constitutional limitations of punitive damage awards, an influence that mandates a private law conception of punitive damages. Tort law lacks the ability to punish unless a finding of liability for an underlying injury exists. Punitive damages should thus be based only on the underlying injury for which the defendant is liable. Consistent with tort law’s influence, punitive damages that punish the public harm that the defendant’s conduct created would be unconstitutional, meaning that punitive damages will be minimal if supported only by an award of nominal damages. Also consistent with tort law’s influence, punitive damage awards must be personalized to the individual dispute despite the Court’s recent concerns about unpredictability.

Download or read book Punitive Damages in Financial Injury Jury Verdicts written by Erik Moller and published by RAND Corporation. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides the technical details of an Institute for Civil Justice analysis of trends and patterns in punitive damage awards in financial injury cases in selected jurisdictions during the period 1985 through 1994. The jurisdictions include all state trial courts of general jurisdiction in the states of California and New York; Cook County, Illinois (Chicago); the St. Louis, Missouri, metropolitan area; and Harris County, Texas (Houston). These data are supplemented by information obtained from the Administrative Office of the Alabama Courts for verdicts reached in that state's trial courts of general jurisdiction during the period 1992 to 1997. The study also estimates what percentage of the financial injury punitive awards in the database would have been affected by caps of various sizes and how the caps would have affected the total amount of punitive damages awarded in such cases.

Download or read book Punitive Damages written by Linda L. Schlueter and published by Michie. This book was released on 1995 with total page 784 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages in Financial Injury Cases the Rand Report written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Punitive Damages in Financial Injury Jury Verdicts written by Erik Moller and published by RAND Corporation. This book was released on 1997 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report provides the techincal details of an Institute for Civil Justice analysis of trends and patterns in punitive damage awards in financial injury cases in selected jurisdictions during the period 1985-1994.