forbids a punitive damage award punishing the defendant for injury to
procedure can invalidate a punitive damage award even if punitive
In a mass tort setting, such as the NYCAL Asbestos litigation, managing the punitive damage litigation component at a national level also entails yet another layer of planning.
In the final analysis, punitive damage awards in litigation can often be traced back to the failure to seriously consider the significance of punitive damages at the outset, the choice not to engage punitive damage counsel to monitor the case and the lack of a comprehensive discovery and trial strategy.
The Supreme Court of Missouri affirmed the reduction of the punitive damage awards and held that the application of Section 510.
86) While this case did not deal with a punitive damage cap, it was vital to the development of Missouri's case law on punitive damage caps and significantly contributes to the analysis of this topic.
As a result, the recipient of the award of punitive damages for the bad faith conduct of their insurer resulted in a major tax consequence and not the windfall the plaintiffs thought they received.
The Greenbergs argued that the punitive damages they received in their insurance bad faith case may be excluded from income under section 104(a)(3) primarily because punitive damages could not have been awarded without the insurance policy.
Nearly every jurisdiction that allows for the recovery of noncompensatory punitive damages conceives of them as serving two main purposes: (1) punishing outrageous conduct and (2) deterring its future occurrence.
Simultaneously, a large majority of jurisdictions and the Restatement of Torts disallow punitive damages recoveries following the death of the tortfeasor.
Baker, the Supreme Court's latest decision on punitive damages
, the Court finally rejected the fallacious premise behind its venture into the workings of state tort law: "A survey of the literature reveals that discretion to award punitive damages
has not mass-produced runaway awards, and .
The most often cited rationale underlying punitive damage
awards is the public function they serve: to punish and deter behavior society deems objectionable, similar to the function of criminal punishments.