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 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 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 Symposium written by and published by . This book was released on 1992 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Constitutional Challenges to Punitive Damages After BMW V Gore written by Theodore B. Olson and published by . This book was released on 1998 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Punitive Damages written by Linda L. Schlueter and published by MICHIE. This book was released on 1989 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Establishing a Good faith Defense to Punitive damage Claims written by John W. Martin and published by . This book was released on 2000 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: affirmative defense against punitive damage claims based on reckless conduct of employees, when that conduct is contrary to a firm's good-faith efforts to employ well-designed safety policies and procedures. This article further argues that the so-called "government standards" defense against punitive damages should be defined in a way that both promotes compliance with government standards and helps to assure that the standards provide adequate public safety. This goal could be accomplished by providing that compliance with an applicable federal safety standard constitutes prima facie evidence of good faith and shifts the burden of proof to the plaintiff to show, by clear and convincing evidence that either (1) the defendant was guilty of fraud on a regulatory agency; (2) clear advances in the state of the art, implemented after the standard had been adopted but before the defendant's product was designed, had rendered the product obsolete; or (3) the standard itself reflects a flagrant indifference to sa.
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 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 The Challenge of Punitive Damages Mathematics written by W. Kip Viscusi and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposals to provide juries with specific numerical instructions for setting punitive damages should bring greater rationality to punitive damages awards. This approach is tested using evidence from 353 jury-eligible citizens who applied these formulas to a series of legal cases.Few respondents assessed the correct values of punitive damages from the standpoint of deterrence. Anchoring effects of appeals by a plaintiff's lawyer or media coverage of similar awards lead respondents to abandon the punitive damages formula and set punitive damages based on the anchor. Minorities and the less well-educated were particularly unwilling or unable to apply the recommended punitive damages formulas.
Download or read book Civil Jury Cases and Verdicts in Large Counties written by Carol J. DeFrances and published by . This book was released on 1995 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Litigation Services Handbook written by Roman L. Weil and published by John Wiley & Sons. This book was released on 2012-07-10 with total page 1022 pages. Available in PDF, EPUB and Kindle. Book excerpt: Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.
Download or read book Tort Theory written by Kenneth D. Cooper-Stephenson and published by Captus Press. This book was released on 1993 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patent Remedies and Complex Products written by C. Bradford Biddle and published by Cambridge University Press. This book was released on 2019-06-27 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Through a collaboration among twenty legal scholars from North America, Europe and Asia, this book presents an international consensus on the use of patent remedies for complex products such as smartphones, computer networks, and the Internet of Things. This title is also available as Open Access on Cambridge Core.
