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Topic: Punitive damages

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	Punitive Damages in California - Punitive Damage Awards & Verdicts Under California Law
		As applied to employers, punitive damages based on the conduct of an employee may be awarded in a number of situations, such as where the employer:
		punitive damages are to be awarded is an issue for the judge, jury or arbitrator.
		Potential claims involving the possibility of punitive damages should be closely evaluated by an attorney prior to being made because determining whether sufficient proof exists involves a great deal of investigation.
	www.nosexualharassment.com /Punitive-Damages-California.htm (341 words)

	Damages - Wikipedia, the free encyclopedia
		Generally, punitive damages (exemplary damages in the United Kingdom) are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
		In the United States punitive damages awards are subject to the limitations imposed by the due process clauses of the Fifth and Fourteenth Amendments to the U.S. Constitution.
		Economic damages in civil litigation are computed as the financial loss suffered by a person due to the wrongful actions of another person.
	en.wikipedia.org /wiki/Damages (849 words)

	Winston & Strawn (Site not responding. Last check: 2007-10-19)
		in determining if a punitive damages award is grossly excessive: (1) the reprehensibility of the defendant's behavior; (2) the ratio of the award to the harm caused to the plaintiff; and (3) the difference between the punitive damages award and any civil and criminal penalties applicable in similar cases.
		Punitive damages are not to be grossly out of proportion to the severity of the offense committed.
		In, the fact that the punitive damages award was 25,000 times the amount of federally imposed criminal fines was one of the reasons that the court found the punitive damages award to be excessive.
	www.winston.com /MeetingCN.nsf/vPublicationLU/PunitiveDamagesRevisitedinExxonValdezCase (1166 words)

	Punitive Damages- The Other Side Of The Story, The McLarty Firm, Trial Lawyers representing people in personal injury, ... (Site not responding. Last check: 2007-10-19)
		Punitive damages are awarded in less than 5 percent of civil jury verdicts, according to a 1990 American Bar Foundation study of 25,000 jury verdicts in 11 states over a four- year period.
		The number of punitive damage awards between 1990 and 1994 in San Francisco and Cook County (Illinois) decreased 59 percent from the 1985-89 period, according to data from a 1995 study by the Rand Institute for Civil Justice.
		In the 1990-94 period, punitive damages were awarded in only 2 percent of all cases in San Francisco and in 1 percent of all Cook County cases.
	www.maryalice.com /reform/punitive.html (577 words)

	Wampum: Taxing Punitive Damages
		Punitive damages do not exist to compensate the plaintiff and, as a result, allowing all of such damages to flow to the plaintiff (and plaintiff’s counsel) does result in a windfall.
		For instance, punitive damages are not recoverable in any contract case, regardless of the egregiousness of the conduct, and are not available in some types of tort cases (such as actions for conversion).
		At the end of the trial, but before evidence on the amount of punitive damages is presented, the jury retires to deliberate on the issues of whether the plaintiff is entitled to recover compensatory damages and the amount of such compensatory damages.
	wampum.wabanaki.net /archives/000942.html (2206 words)

	Enforcement Guidance: Compensatory and Punitive Damages (Site not responding. Last check: 2007-10-19)
		Damages are authorized only in cases of intentional discrimination and are therefore not available where the charge alleges that neutral employment practices have an adverse impact.
		Third, it provides a limitation on the sum of punitive damages and compensatory damages for "future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses." The limitation on the amount of damages (caps) is based on the size (number of employees)6 of the respondent.
		Of course, the punitive damage award should "bear some relation to the 'character of the defendant's act' along with 'the nature and extent of the harm to the plaintiff that the defendant caused."' Rowlett v.
	www.eeoc.gov /policy/docs/damages.html (6253 words)

	Punitive Damages Defined - California Law
		Punitive Damages are a type of relief available to a plaintiff and are designed to both punish and make and example of a defendant for particularly bad conduct.
		The law of punitive damages is rapidly changing due to recent federal and state Supreme Court decisions, as well as legislative amendments.
		The availability of punitive damages is ultimately determined by a jury, judge, or arbitrator, and claims should be evaluated by an attorney before begin made as there are many pitfalls, limitations, and other considerations which may affect such claims.
	www.sexharassmentattorneys.com /What-are-Punitive-Damages.htm (407 words)

	Damages - Wex
		Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right.
		Punitive damages are awarded to punish a wrongdoer.
		It is generally recognized, for instance, that punitive damages are not available for breaches of contract except when it is proven that the breach was wanton, willful and deliberate.
	www.law.cornell.edu /topics/damages.html (288 words)

	Damages -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-19)
		Damages, in (The collection of rules imposed by authority) law has two different meanings.
		It is used to refer both to the harm suffered by a (A person who brings an action in a court of law) plaintiff in a civil action, and to any monies paid or awarded to him to compensate for said harm.
		Generally, punitive damages are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
	www.absoluteastronomy.com /encyclopedia/d/da/damages.htm (275 words)

	Public Citizen \| Congress Watch \| Congress Watch - Limiting Punitive Damages: What Will Deter Bad Corporate Conduct Now? (Site not responding. Last check: 2007-10-19)
		Punitive damages are monetary damages awarded to plaintiffs in civil actions when a defendant's conduct has been found to flagrantly violate a plaintiff's rights.
		Passing a law that caps punitive damages undermines the deterrent and punishment function of these damages by taking away the decision about what is the appropriate amount from the judge and jury who hear all the facts of a case.
		Since punitive damages are only awarded in cases where the defendant's conduct is particularly egregious, limiting punitive damages would offer the greatest reward to the worst actors.
	www.citizen.org /congress/civjus/tort/articles.cfm?ID=835 (1049 words)

	FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
		Finally, the court noted that the punitive damages award was not excessive when compared to various civil and criminal penalties State Farm could have faced, including $10,000 for each act of fraud, the suspension of its license to conduct business in Utah, the disgorgement of profits, and imprisonment.
		Punitive damages are not a substitute for the criminal process, and the remote possibility of a criminal sanction does not automatically sustain a punitive damages award.
		The punitive award of $145 million, therefore, was neither reasonable nor proportionate to the wrong committed, and it was an irrational and arbitrary deprivation of the property of the defendant.
	caselaw.lp.findlaw.com /cgi-bin/getcase.pl?court=US&navby=case&vol=000&invol=01-1289 (8622 words)

	LII: Law about...Damages (Site not responding. Last check: 2007-10-19)
		Damages, in a legal sense, is the sum of money the law imposes for a breach of some duty or violation of some right.
		Punitive damages are awarded to punish a wrongdoer.
		Itt is generally recognized, for instance, that punitive damages are not available for breaches of contract except when it is proven that the breach was wanton, willful and deliberate.
	straylight.law.cornell.edu /topics/damages.html (235 words)

	Tort Components: Compensatory & Punitive Damages Lawsuit Overview - Find Trial Lawyers and Attorneys with Experience in ...
		The purpose of compensatory damages is to put you back in the position that you were in prior to the injury or property damage caused by the Defendant.
		Punitive damages are not awarded as often as compensatory damages.
		Punitive damages are not awarded to compensate you for your direct injuries or property damage (compensatory damages), but are instead added to the compensatory damages in order to discourage other would be wrongdoers from acting in a similar way.
	www.injuryboard.com /view.cfm/Topic=16 (385 words)

	BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996). (Site not responding. Last check: 2007-10-19)
		To prove his actual damages of $4,000, he relied on the testimony of a former BMW dealer, who estimated that the value of a repainted BMW was approximately 10 percent less than the value of a new car that had not been damaged and repaired.
		Comparing the punitive damages award and the civil or criminal penalties that could be imposed for comparable misconduct provides a third indicium of excessiveness.
		The small number of punitive damages questions that we have reviewed in recent years, together with the fact that this is the first case in decades in which we have found that a punitive damages award exceeds the constitutional limit, indicates that this concern is at best premature.
	supct.law.cornell.edu /supct/html/94-896.ZO.html (7052 words)

	Punitive Damages - California Law
		While a large award is commonly reported in the press as front page news, the later reduction or elimination of the award is usually not reported or is placed in the obscure interior pages of the newspaper because (it is not sensational enough).
		The fact is, punitive damages are available in limited types of cases and only for certain type of bad conduct--they are the exception not the norm.
		As always, whether punitive damages are to be awarded is an issue for the judge, jury or arbitrator.
	www.ca-employment-lawyers.com /Punitive-Damages-California-Law.htm (415 words)

	Punitive Damages
		Punitive damages, also known as exemplary damages, are damages that are separate and in excess of the compensatory damages awarded to a plaintiff in a legal suit that arises from the malicious or wanton misconduct of the defendant.
		Punitive damages are imposed to serve as a punishment for the defendant.
		The potential size of a punitive damages award is unpredictable, and the process of arriving at it is just as arbitrary.
	www.aon.com /us/busi/risk_management/risk_transfer/punitive_damages.jsp (338 words)

	Punitive Damages (Site not responding. Last check: 2007-10-19)
		Opponents of changing punitive damages law strongly disagreed that Maryland needed to pass a statute to comply with Haslip because present law already satisfied the requirements articulated in the case.
		The debate on punitive damage awards in the 1993 session vaulted beyond the issues raised in the 1992 session to include the question of applying punitive damages in drunk and drugged driving cases.
		In 1994, for example, when the punitive damages controversy was at its height, the MSBA brokered a "procedural cease fire" and convinced advocates for plaintiffs and defendants to withdraw support for their respective bills until the Maryland Court of Appeals had resolved a pending case involving punitive damages.
	www.msba.org /sec_comm/committees/lawscomm/legislativeprogram02/punitive.htm (1263 words)

	damages on Encyclopedia.com (Site not responding. Last check: 2007-10-19)
		The purpose of damages is to compensate the injured party for the loss that he has suffered and will probably suffer from the defendant's illegal conduct.
		While the ordinary object of damages is simply to compensate the injured party to the extent of the injury, where there was fraud or deliberate wrongdoing, exemplary or punitive damages may be allowed.
		When damages and legal costs are awarded they become a lien on the debtor's property, which the creditor may seize and sell if the debtor does not meet his obligation.
	www.encyclopedia.com /html/d1/damages.asp (971 words)

	FindLaw's Writ - Leland: Why Punitive Damages Awards Against Religious Institutions Are Unconstitutional
		Punitive damages, yet another facet of civil liability, are strictly imposed to punish--and make an example of--an entity or institution and by no means compensate the victim for injuries actually sustained.
		The danger in permitting juries to determine punitive damage awards in civil cases with both sympathetic plaintiffs and deep-pocketed defendants is obvious.
		Punitive damages--arguably the most restrictive means imaginable--punish the innocent and disadvantaged while ignoring that which is crucial to remedying the ongoing problem: penalizing and rehabilitating the disturbed abuser.
	writ.news.findlaw.com /commentary/20040914_leland.html (1411 words)

	U.S. Chamber of Commerce - Punitive Damages
		NCLC argues that courts must ensure that any award of punitive damages by an arbitrator comports with due process, especially an award like this in which a court of appeals upheld a $6 million punitive award that is 3,000 times the plaintiff's compensatory damages.
		NCLC argued that "hedonic" damages (that is, damages for the loss of enjoyment of life) are ordinarily available to living plaintiffs only and should not have served as justification for the punitive damages awarded in this wrongful death case filed by the estate of an individual smoker.
		Agreeing with NCLC, the court held that a $22.5 million punitive damage award assessed in a case involving $500,000 in compensatory damages (which yielded a punitive-compensatory ratio of 45 to 1) is unconstitutionally excessive.
	www.uschamber.com /nclc/caselist/issues/damages.htm (2860 words)

	King & Spalding > Library > Article (Site not responding. Last check: 2007-10-19)
		The Supreme Court has suggested in previous punitive damage cases that defendant's wealth might be an impermissible consideration.
		In closing argument, plaintiff’s counsel invited the jury to set the amount of punitive damages by multiplying the cost per car of fixing the putative defect ($83) times the number cars of this type Ford sold worldwide (700,000).
		The defense should consider objecting to any closing argument that invites the jury to use a ’formula’ in fixing the amount of punitive damages, especially when the formula is based on defendant’s financial condition or on conduct outside the forum state.
	www.kslaw.com /library/articles.asp?125 (557 words)

	Backgrounder on Frankson Punitive Damages Verdict
		On January 9, that same jury awarded the plaintiff punitive damages of $20 million: $8 million from Brown and Williamson, $6 million from the Council for Tobacco Research; and $6 million from the Tobacco Institute.
		The Hearing to determine what, if any, punitive damages were to be assessed against the defendants was held on January 7th and 8th in front of the same jury that rendered the compensatory damages award in December.
		Brown and Williamson's attorney, Tom Riley, argued that since the point of punitive damages is deterrence, it is not necessary because his client understands that what happened was wrong and, therefore, has been deterred.
	www.tobacco.neu.edu /litigation/cases/Backgrounders/frankson2.htm (970 words)

	CNN - Simpson jury awards $25 million in punitive damages - Feb. 10, 1997
		The jury's decision on punitive damages, which are intended to punish the defendant for malicious wrongdoing, came after about five hours of deliberations.
		The jury voted 11-1 that punitive damages should be paid, and 10-2 on the amount of the damages.
		In court, during the punitive damages phase of the civil trial, Simpson attorney Robert Baker said Simpson is "in effect, without assets.
	www.cnn.com /US/9702/10/simpson.update (784 words)

	Legal Definition of Punitive Damages
		DAMAGES, PUNITIVE - The purpose of punitive damages is to punish a defendant and to deter a defendant and others from committing similar acts in the future.
		Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence.
		punitive damages may be awarded only if defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.
	www.lectlaw.com /def/d006.htm (142 words)

	Vegas Law - punitive damages auto accident - Las Vegas, Nevada
		punitive damages auto accident - Vegas Law - Personal Injury Law site where you can find information on Nevada accident claims and contact a Las Vegas Accident Attorney for a free consultation.
		Punitive damages are available in some circumstances particularly when the...
		punitive damages auto accident - Read hundreds of articles on Las Vegas, Nevada legal - accident - injury topics and find a Nevada Personal Injury Lawyer to evaluate your Nevada accident claim.
	vegaslaw.org /vegas-law-94.html (419 words)

	CNN.com - Constitutionality of punitive damages against religious institutions - Sep 9, 2004
		Punitives exist to punish reprehensible conduct, and the identity of the bad actor is irrelevant.
		The amicus brief in the Arizona case tries to distinguish Smith by arguing that punitive damages are not in fact neutral, generally applicable laws, because they are applied on a case-by-case basis.
		Punitives are necessary to get the attention of the institution of the Church, and to force it to change its ways.
	www.cnn.com /2004/LAW/09/09/hamiliton.punitives.church (1970 words)

	TaxProf Blog: Update on Gov. Schwarzenegger's Proposed 75% Tax on Punitive Damages
		Using both signaling and screening models of settlement negotiations, we find that the equilibrium settlement is increasing in the likelihood of the defendant being found liable, in the size of both the compensatory and punitive damages, and in the share of the punitive damages award that the plaintiff may keep.
		Punitive damages are supposed to act as a disincentive to the offender to commit similar actions; if that is truly their function, the recepient of the money is immaterial, what matters is the size of the damages.
		If the damages are taken by the state as a tax,it may be non-deductible by the plaintiff under AMT resulting in a disaster.
	taxprof.typepad.com /taxprof_blog/2004/05/update_on_gov_s.html (2749 words)

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