How to defend punitive damages claims effectively--and maybe successfully.

Defense Counsel Journal;  July 1, 1999 ;     700+ words ...Punitive damages cases present difficult challenges...Consider, as examples, * $2.7 million punitive damages against McDonald's Corp. for burns...Exxon Valdez oil spill. Although punitive damages often are reduced by the trial court...

A Theory of Punitive Damages

Texas Law Review;  November 1, 2005 ;     700+ words ...A contemporary theory of punitive damages must answer two questions: (1) What place, if any, do punitive damages have in the civil law of tort...criminal punishment? (2) Why are punitive damages subject to special constitutional...

Punitive damages: achieving fairness and consistency after State Farm v....

Defense Counsel Journal;  January 1, 2005 ;     700+ words ...PUNITIVE damages have been a part of the American...financially vulnerable to excessive punitive damages awards, several states enacted statutes...upheld the constitutionality of punitive damages as determined by lower courts, in...

Punitive damages: when, where and how they are covered. (by insurance)

Defense Counsel Journal;  October 1, 1995 ;     700+ words ...NEWS stories about punitive damages seem to be an almost daily...arbitration panels may assess punitive damages in securities cases.(2) Although...state levels to curb them, punitive damages likely will not disappear and...

Exxon: mean and stupid.(Government of, by and for the Corporations)(Exxon...

Multinational Monitor;  March 1, 1999 ;     700+ words ......Alaska jury found Exxon liable for punitive damages for its conduct in causing the oil...verdict, Exxon has not paid any of the punitive damages. Instead, it has chosen to use an...has lobbied against the concept of punitive damages in general. In 1998, Exxon funded...

Insurers and punitive damages.(For The Record)

Claims;  February 1, 2004 ;     700+ words ...Punitive damages play a huge, but largely unacknowledged...States civil justice system. Because punitive damages usually are uninsured or uninsurable...The evidence necessary, to recover punitive damages also encourages plaintiff attorneys...

Assessing the practicality and constitutionality of Alaska's...

Duke Law Journal;  March 1, 2000 ;     700+ words ......awards (1) by amending its punitive damages statute.(2) Under the new...split-recovery statute, 50% of all punitive damages awarded to civil plaintiffs...perception has been that punitive damages are skyrocketing (5) and...

To Deter, Punish, But Not Destroy: Forensic Economic Analysis of Jury...

Journal of Legal Economics;  October 1, 2002 ;     700+ words ......difference between compensatory damages and punitive damages, from the perspective of a forensic...damages as pain and suffering. In punitive damages, the focus is on the defendant, whether...person or company. Little else about punitive damages is simple, or uncontroversial. Even...

The Case of the $4 Million BMW; Award to Owner of Repainted Car Is at...

The Washington Post;  May 29, 1995 ;     700+ words ......understand why many federal lawmakers believe punitive damages awards are out of control, take the case...in compensatory damages and $4 million in punitive damages. ("Punitive damages" refer to money awards over actual damages...

Center for Justice & Democracy Releases HMO-Related "What You Need to Know...

U.S. Newswire;  June 18, 2001 ;     364 words ......entitled, "What You Need to Know About Punitive Damages." According to co-author and CJ&D...right of injured patients to seek punitive damages against HMOs. This White Paper is...10 Things You Should Know About Punitive Damages:" 1. The modern doctrine of punitive...

THE PUNITIVE DAMAGES REMEDY: LESSONS FOR DRAFTERS OF ARBITRATION...

Dispute Resolution Journal;  November 1, 2005 ;     700+ words ......principle that arbitrators can award punitive damages absent a clear and unequivocal waiver...parties. The court affirmed an award of punitive damages even though the contract stated that...governing law did not permit waivers of punitive damages, and because the waiver was only...

Punitive damages not insurable in Ill.

National Underwriter Property & Casualty-Risk & Benefits Management;  April 23, 1990 ;     700+ words ...Punitive Damages Not Insurable In Ill. An Illinois...their ability to insure against punitive damages. The Feb. 21 decision by Judge Timothy...use of insurance for payment of punitive damages. The ruling also moots a distinction...

Advocates of legal system reform target punitive damages. (Legal Trends)

Building Design & Construction;  April 1, 1992 ;     690 words ...The imposition of punitive damages is one of the most debated issues...damages and $530 million for punitive damages. One impetus for the current effort to restrict, if not eliminate, punitive damages was the report delivered to the...

Punitive damages for subsequent claims. (case of W.R. Grace and Co. v....

Journal of Risk and Insurance;  March 1, 1995 ;     380 words ......amp; Co. seeking compensatory and punitive damages. Waters had worked as a tile setter...the question of the rationale for punitive damages, the Florida Supreme Court wrote, Punitive damages are appropriate when the defendant...

INSURANCE PUNITIVE DAMAGES:VICTOR SCHARTZ

Congressional Testimony;  September 23, 2003 ;     700+ words ......v. Campbell: Checking And Balancing Punitive Damages.`` You have shown wisdom and good judgment...me begin with a brief background about punitive damages. Background on Punitive Damages Punitive damages began in England with...