Punitive damages - Revision history

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EdBot: Category:Legal Terms

2008-04-23T21:08:25Z

Category:Legal Terms

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Aschlafly: New page: Punitive damages is a money award given to punish the defendant or wrongdoer. category:legal terms

2007-07-12T21:16:29Z

New page: Punitive damages is a money award given to punish the defendant or wrongdoer. category:legal terms

New page

Punitive damages is a money award given to punish the defendant or wrongdoer. [[category:legal terms]]

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 [[Category:Legal Terms]]
-[[category:United States Supreme Court Cases]]
+[[Category:United States Supreme Court Cases]]
 == External links ==

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 The [[U.S. Supreme Court]] eventually held, after many decisions addressing this issue, that the [[Due Process Clause]] limits the size of a ''punitive damage'' award.  ''See'' ''[[BMW of North America, Inc. v. Gore]]'' (1996) and, applying this rule, ''[[Cooper Indus. v. Leatherman Tool Group]]'', 532 U.S. 424 (2001).
 [[Category:Legal Terms]]
 [[category:United States Supreme Court Cases]]

← Older revision		Revision as of 18:58, May 28, 2008
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	[[Category:Legal Terms]]		[[Category:Legal Terms]]
	[[category:United States Supreme Court Cases]]		[[category:United States Supreme Court Cases]]
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		+	== External links ==
		+
		+	*[http://dictionary.law.com/ Law Dictionary]
		+	*[http://research.lawyers.com/glossary/ Glossary of Legal Terms]

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 The [[U.S. Supreme Court]] eventually held, after many decisions addressing this issue, that the [[Due Process Clause]] limits the size of a ''punitive damage'' award.  ''See'' ''[[BMW of North America, Inc. v. Gore]]'' (1996) and, applying this rule, ''[[Cooper Indus. v. Leatherman Tool Group]]'', 532 U.S. 424 (2001).
-[[category:legal terms]]
+[[Category:Legal Terms]]
 [[category:United States Supreme Court Cases]]

← Older revision		Revision as of 22:21, March 11, 2008
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−	Punitive damages is a money award designed solely to punish the [[defendant]] or wrongdoer, rather than to reimburse the [[plaintiff]] for his injury.	+	'''Punitive damages''' is a money award designed solely to punish the [[defendant]] or wrongdoer, rather than to reimburse the [[plaintiff]] for his injury.

	Punitive damages have long been a part of traditional state tort law.<ref>''[[Silkwood v. Kerr-McGee Corp.]]'', 464 U.S. 238, 255 (1984).</ref> Blackstone appears to have noted their use.<ref>3 W. Blackstone, Commentaries 137-138.</ref>		Punitive damages have long been a part of traditional state tort law.<ref>''[[Silkwood v. Kerr-McGee Corp.]]'', 464 U.S. 238, 255 (1984).</ref> Blackstone appears to have noted their use.<ref>3 W. Blackstone, Commentaries 137-138.</ref>

← Older revision		Revision as of 23:37, November 22, 2007
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−	Punitive damages is a money award designed solely to punish the [[defendant]] or wrongdoer, rather than to reimburse the [[plaintiff]] for his injury. [[category:legal terms]]	+	Punitive damages is a money award designed solely to punish the [[defendant]] or wrongdoer, rather than to reimburse the [[plaintiff]] for his injury.
		+
		+	Punitive damages have long been a part of traditional state tort law.<ref>''[[Silkwood v. Kerr-McGee Corp.]]'', 464 U.S. 238, 255 (1984).</ref> Blackstone appears to have noted their use.<ref>3 W. Blackstone, Commentaries 137-138.</ref>
		+
		+	In ''Wilkes v. Wood'', Lofft 1, 98 Eng. Rep. 489 (C. P. 1763), The Lord Chief Justice validating exemplary damages as compensation, punishment, and deterrence. Among the first reported American cases are Genay v. Norris, 1 Bay 6 (S. C. 1784), and Coryell v. Colbaugh, 1 N. J. L. 77 (1791).<ref>For informative historical comment, see Owen, Punitive Damages in Products Liability Litigation, 74 Mich. L. Rev. 1257, 1262-1264, and nn. 17-23 (1976).</ref>
		+
		+
		+	Under the traditional [[common-law]] approach, the amount of the punitive award is initially determined by a jury instructed to consider the gravity of the wrong and the need to deter similar wrongful conduct. The jury's determination is then reviewed by trial and appellate courts to ensure that it is reasonable.
		+
		+	The following considerations can be used when a jury awards ''punitive damages'':
		+
		+	*(a) whether there is a reasonable relationship between the punitive damages award and the harm likely to result from the defendant's conduct as well as the harm that actually has occurred;
		+	*(b) the degree of reprehensibility of the defendant's conduct, the duration of that conduct, the defendant's awareness, any concealment, and the existence and frequency of similar past conduct;
		+	*(c) the profitability to the defendant of the wrongful conduct and the desirability of removing that profit and of having the defendant also sustain a loss;
		+	*(d) the "financial position" of the defendant;
		+	*(e) all the costs of litigation;
		+	*(f) the imposition of criminal sanctions on the defendant for its conduct, these to be taken in mitigation; and
		+	*(g) the existence of other civil awards against the defendant for the same conduct, these also to be taken in mitigation.
		+
		+	The [[U.S. Supreme Court]] eventually held, after many decisions addressing this issue, that the [[Due Process Clause]] limits the size of a ''punitive damage'' award. ''See'' ''[[BMW of North America, Inc. v. Gore]]'' (1996) and, applying this rule, ''[[Cooper Indus. v. Leatherman Tool Group]]'', 532 U.S. 424 (2001).
		+	[[category:legal terms]]
		+	[[category:United States Supreme Court Cases]]

← Older revision		Revision as of 20:21, October 30, 2007
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−	Punitive damages is a money award ~~given~~ to punish the defendant or wrongdoer. [[category:legal terms]]	+	Punitive damages is a money award designed solely to punish the [[defendant]] or wrongdoer, rather than to reimburse the [[plaintiff]] for his injury. [[category:legal terms]]

← Older revision	Revision as of 17:28, August 30, 2007
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−	+	Punitive damages is a money award given to punish the defendant or wrongdoer. [[category:legal terms]]

← Older revision		Revision as of 17:27, August 30, 2007
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−	~~Punitive damages is a money award given to punish the defendant or wrongdoer. [[category:legal terms]]~~	+