The Case Against Punitive Damages Under the Oil Pollution Act
The Supreme Court's Affirmation of Punitive Damages in
The implications of having a punitive damage claim in any case and especially a mass tort setting are significant.
The key to effectively defending against punitive damage claims and abating these risks starts with the premise that entitlement to punitive damages relates exclusively to the conduct or behavior of the defendant, not the severity of the consequences of that conduct.
Franklin and National moved to reduce the punitive damage awards pursuant to Missouri Revised Statutes Section 510.
25) The court noted that in 1820, (26) the right to a jury trial in an action for fraud included the right to a determination of punitive damages.
What happens when the recipient of punitive
damages fails to pay income tax on the recovery?
It argues that punitive
damages lose some of their appeal when leached of their retributivist content because, research in the field of moral psychology suggests, preventing future misconduct by other potential wrongdoers is not as psychologically satisfying as seeing the individual wrongdoer receive her just deserts.
7) The Court has well earned this criticism since it has not explained why single-digit multipliers satisfy constitutional or theoretical concerns aside from relying on an unfounded perception that punitive
damages have spiraled out of control.
Defendants in mass tort, multi-district, and class action litigation often face lawsuits from numerous plaintiffs, each of whom is entitled to assert a claim for and potentially obtain an individual award of punitive
damages for a single, allegedly egregious act.
An award for pain and suffering is an example of punitive
damages are awarded where the conduct complained of merits punishment, hence the quantum, typically large, is added onto compensatory damages.