Landmark Cases in the Law of Punitive Damages

Landmark Cases in the Law of Punitive Damages PDF

Author: James Goudkamp

Publisher: Bloomsbury Publishing

Published: 2023-12-28

Total Pages: 421

ISBN-13: 150996701X

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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.

Punitive Damages in Bad Faith Cases

Punitive Damages in Bad Faith Cases PDF

Author: John C. McCarthy

Publisher:

Published: 1987

Total Pages: 748

ISBN-13:

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A jurisdiction-by-jurisdiction discussion of the evaluation, management, settlement and litigation of bad faith cases, is provided in this anotated volume, including forms and practice aids.

Punitive Damages in Wrongful Discharge Cases

Punitive Damages in Wrongful Discharge Cases PDF

Author: John C. McCarthy

Publisher:

Published: 1985

Total Pages: 222

ISBN-13:

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This work describes and illustrates the strategies and tactics used by noted specialists in the field, and analyzes the law of every jurisdiction with guidance for applying the new and emerging principles to particular fact situations. A complete series of model forms are provided including sample letters, complaints, proofs, interrogatories, and others.

Punitive Damages

Punitive Damages PDF

Author: Mark A. Peterson

Publisher: Rand Corporation

Published: 1987-01-01

Total Pages: 68

ISBN-13: 9780833007926

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Based on cases that reached jury verdict in Cook County, Illinois, and San Francisco, California, from 1960 to 1984, this report presents analytically derived answers to questions surrounding the award of punitive damages: (1) how frequently punitive damages are awarded in civil suits, (2) what types of cases and defendants are most subject to such awards, and (3) what proportion of the monies awarded in punitive damages is actually paid out. The findings confirm trends for which there had only been anecdotal evidence: The incidence of punitive damage awards (measured by proportion of cases in which such awards are made) and the amount of money (measured in constant 1984 dollars) awarded for punitive purposes have increased substantially over the years. Corporate defendants are in fact more likely than individuals or public agencies to be the target of such awards. Many damage awards are significantly reduced and only about half of the dollars awarded are ultimately paid subsequent to award at the trial court level.

Punitive Damages in Financial Injury Jury Verdicts

Punitive Damages in Financial Injury Jury Verdicts PDF

Author: Erik Moller

Publisher: RAND Corporation

Published: 1997

Total Pages: 0

ISBN-13: 9780833025364

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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.

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