Download or read book The Future of Punitive Damages After State Farm V Campbell written by Sheila L. Birnbaum and published by . This book was released on 2003 with total page 400 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 Other Acts Evidence and the Constitution written by James Allan Gash and published by . This book was released on 2009 with total page 87 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article responds to the U.S. Supreme Court's decision in State Farm Mutual Automobile Insurance Co. v. Campbell and argues the Court failed to fulfill its obligation to provide clear guidance to lower courts on how to interpret and apply its opinion, particularly with regard to the use of evidence of other acts. Rather than detailing what evidence of other acts a lower court may consider in determining whether and in what amount a punitive damage award is appropriate, the Court simply declared - with little explanation - that other acts evidence must have a quot;nexusquot; to the harm suffered by the plaintiff; absence of such a nexus violates due process. Part II of this article traces the development of the Court's punitive damages jurisprudence. Next, Part III outlines the rules governing the admissibility of evidence of other acts. In Part IV, Professor Gash analyzes and critiques the Court's opinion in State Farm and provides three alternate explanations for the quot;nexusquot; test. Finally, in Part V, Professor Gash proposes a framework for lower courts to follow when deciding whether evidence of other acts can or should be admitted for the purpose of ascertaining the appropriate amount of punitive damages, if any, that should be awarded in a given case. This six-step process remains faithful to and consistent with the State Farm Court's quot;nexusquot; test.
Download or read book Beyond State Farm V Campbell written by Michael F. Aylward and published by . This book was released on 2005 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Bedbug Case and State Farm v Campbell written by Colleen P. Murphy and published by . This book was released on 2015 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt: This essay explores some common issues arising in the Supreme Court's punitive damages decision, State Farm v. Campbell, and an opinion by Judge Posner six months later. I discuss the Court's assertion in Campbell that a punitive award may punish only conduct directed at the plaintiff and how Judge Posner reacted to that assertion. Further, I comment on how these cases gauged the disparity between the amount of punitive damages and the harm to the plaintiff, and how they addressed whether a low probability of detection or punishment of the defendant's unlawful conduct justifies a larger punitive award.
Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Download or read book Due Process and Punitive Damages written by A. Benjamin Spencer and published by . This book was released on 2006 with total page 65 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court, in a line of several cases over the past decade, has established a rigorous federal constitutional excessiveness review for punitive damages awards based on the Due Process Clause. As a matter of substantive due process, says the Court, punitive awards must be evaluated by three guideposts set forth in BMW of North America v. Gore: the degree of reprehensibility of the defendant's conduct, the ratio between punitive and compensatory damages, and a comparison of the amount of punitive damages to any civil or criminal penalties that could be imposed for comparable misconduct. Following up on this pronouncement in State Farm Mutual Automobile Insurance Company v. Campbell, the Court indicated that few awards exceeding a single-digit ratio between punitive and compensatory damages to a significant degree will satisfy due process. Unfortunately, neither the guideposts nor the single-digit multiple rule have any basis in the law of due process and represent nothing more than the imposition of the Court's own standards for punishment in place of those of the states. This Article reveals the defectiveness of this jurisprudence by exposing the absence of precedential foundation for the Court's current view. More significantly, this Article demonstrates that the Court's interpretation of the Due Process Clause is at odds with important rules of constitutional construction, mainly those supplied by the Ninth and Tenth Amendments, which protect unenumerated rights and limit the national government to exercising delegated powers, respectively. Together, these amendments prohibit expansive interpretations of the Constitution that disparage rights retained by the people and that arrogate to the national government powers that neither the states nor the people ever relinquished. The Court's interpretation of the Due Process Clause with respect to punitive damages transgresses both of these limitations. This Article suggests that a proper understanding of due process reveals that it requires only that punitive awards be reserved for wrongdoing beyond simple negligence, that jurors be instructed that any punitive award they impose must be designed to further states' legitimate interest in punishment of in-state conduct and deterrence, and that judicial review of the awards be available to check adherence to these requirements. Beyond that, the Due Process Clause fails to require that punitive damages awards be constrained to a particular level.
Download or read book The Changing Landscape of Blockbuster Punitive Damages Awards written by Alison F. DelRossi and published by . This book was released on 2009 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single digit upper bound on the punitive damages/compensatory damages ratio, which reduced the annual number of blockbuster awards, the total annual value of blockbuster awards, and the punitive damages/compensatory damages ratio. Applying the 1:1 ratio from Exxon Shipping Co. et al. v. Baker et al. broadly would eliminate most of the blockbuster awards.
Download or read book Tort Trials and Verdicts in Large Counties 1996 written by Marika F. X. Litras and published by . This book was released on 2000 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Potential Congressional Responses to the Supreme Court s Decision in State Farm Mutual Automobile Ins V Cambell written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Yale Law Journal Volume 121 Number 3 December 2011 written by Yale Law Journal and published by Quid Pro Books. This book was released on 2011-12-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This issue of The Yale Law Journal (the third issue of Volume 121, academic year 2011-2012) features articles on "patent inflation" and on implementing federal health care reform within a state under principles of federalism. Contributors include the noted scholars Jonathan Masur and Abbe Gluck. The issue also features student contributions on punitive damages in tort law, taxation and "common control" doctrine, and the proper role of the Solicitor General. Ebook formatting includes linked notes and an active Table of Contents (including linked Tables of Contents for individual articles and comments), as well as fully-linked cross-references and properly presented tables.
Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Download or read book Punitive Damages Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2011-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
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 Motion Practice written by David F. Herr and published by Wolters Kluwer. This book was released on 2017-06-03 with total page 970 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Download or read book The Confiscation of American Prosperity written by M. Perelman and published by Springer. This book was released on 2007-10-01 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the right-wing revolution in the United States has created deepening inequality and will lead to economic catastrophe. The author makes the case that over the past three decades the rich have confiscated wealth and income from the poor and middle class to a far greater extent than many realize, and he explores in detail important but commonly unmeasured dimensions of inequality. He also takes aim at the economics profession, criticising the analytical blinders that leave economists incapable of seeing the coming crisis.
Download or read book 108 1 Hearing Potential Congressional Responses to The Supreme Court s Decision In State Farm Mutual Automobile Ins Co V Campbell Etc Serial No 48 September 23 2003 written by and published by . This book was released on 2003 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:
