punitive damages


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Related to punitive damages: compensatory damages

punitive damages

See damages.

punitive damages

Damages awarded in an amount intended to punish the defendant for the egregious nature of the tort. The defendant’s actions must be willful and wanton, and the damages are not based on the plaintiff’s actual monetary loss.
See also: damages

punitive damages

damages awarded by the court, in addition to damages awarded as compensation for loss, as a punishment to the guilty party and an assuagement to the suffering party.
References in periodicals archive ?
the Restatement of Torts (Second) for discussion of punitive damages.
The burden of proof generally required for punitive damages by an
The implications of having a punitive damage claim in any case and especially a mass tort setting are significant.
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.
The Supreme Court of the United States's Review of the Constitutionality of Punitive Damages
The constitutional debate regarding punitive damages hinges on due process considerations, as scholars disagree about whether the imposition of punitive damages passes constitutional muster.
Any punitive damages award arguably is made because of some injury and thus would not be awarded "but for" the injury.
The Greenbergs claimed to the Tax Court that the punitive damages they received were not punitive, but "bad faith damages.
Consider the deterrent message broadcast to potential tortfeasors when punitive damages are imposed against a deceased tortfeasor's estate, as happens under the regime adopted by the small minority of jurisdictions eschewing the nonsurvivability rule.
To the potential wrongdoer who expects to survive following the tort, (10) the minority rule can use posthumous punitive damages to send a clear signal that the misconduct will trigger enhanced liability.
12) Although punitive damages are seldom awarded in tort cases and the median award is less than the median compensatory damages award, the variance in awards "is great, and the outlier cases subject defendants to punitive damages that dwarf the corresponding compensatories" (13) Variance is a measure of the spread of potential economic outcomes.
The Supreme Court spoke again on the issue of punitive damages in June 2008 in Exxon Shipping Co.