Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 108
Book Description
Fairness in Punitive Damages Awards Act
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 108
Book Description
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 108
Book Description
Fairness In Punitive Damages Awards Act... HRG... S. 1554... No. J-105-117... S. HRG. 105-928... Com. On The Judiciary, U.S. Sen.... 105TH Cong., 2ND Session, July 29, 1998
105-2 Hearing: Fairness in Punitive Damages Awards Act, S. Hrg. 105-928, July 29, 1998
Fairness in Punitive Damages Awards Act
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 103
Book Description
Publisher:
ISBN:
Category : Electronic books
Languages : en
Pages : 103
Book Description
Death by a Thousand Cuts
Author: Victor E. Schwartz
Publisher:
ISBN:
Category : Exemplary damages
Languages : en
Pages : 48
Book Description
Publisher:
ISBN:
Category : Exemplary damages
Languages : en
Pages : 48
Book Description
Fairness Through Guidance
Author: Neil Vidmar
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
Book Description
Punitive damages present a significant issue in American law. Phillip Morris v. Williams - the United States Supreme Court's most recent foray into punitive damages litigation - has once again raised procedural and substantive due process matters regarding fairness to defendants and reawakened debate in this area. Proponents of punitive damages argue that the awarding of punitive damages protects the community from wanton or predatory acts - or other behavior that violates social norms - by sanctioning the defendant and sending a general message that the actions are reprehensible and will not be tolerated. Opponents argue that the punitive damage awards by juries have gotten out of hand, and that in addition to being unfair to defendants, they have the potential to put a company out of business or substantially hinder a company's viability. With so much at stake on both sides, and with the Supreme Court's frequent intervention in this arena, punitive damage doctrine is primed for clarity and guidance. The purpose of this Article is to provide this clarity and guidance by proposing model jury instructions on punitive damages in light of Phillip Morris and its immediate predecessors.The Article proceeds in four parts. Part I introduces the Supreme Court's debate in Phillip Morris v. Williams, borrowing liberally from the Court's opinion to establish the current doctrine on punitive damage awards. Part II then analyzes the problem that drafters face in the wake of Phillip Morris in revising model jury instructions. Part III offers some criteria to solve this dilemma, including offering juries written instructions, detailing the Court's requirements, and defining fairness. Part IV presents a first take on what model jury instructions that meet these criteria might look like. In conclusion, we articulate the next steps in providing jurors with the guidance necessary to make informed and fair decisionmaking vis-agrave;-vis punitive damage awards.
Publisher:
ISBN:
Category :
Languages : en
Pages : 19
Book Description
Punitive damages present a significant issue in American law. Phillip Morris v. Williams - the United States Supreme Court's most recent foray into punitive damages litigation - has once again raised procedural and substantive due process matters regarding fairness to defendants and reawakened debate in this area. Proponents of punitive damages argue that the awarding of punitive damages protects the community from wanton or predatory acts - or other behavior that violates social norms - by sanctioning the defendant and sending a general message that the actions are reprehensible and will not be tolerated. Opponents argue that the punitive damage awards by juries have gotten out of hand, and that in addition to being unfair to defendants, they have the potential to put a company out of business or substantially hinder a company's viability. With so much at stake on both sides, and with the Supreme Court's frequent intervention in this arena, punitive damage doctrine is primed for clarity and guidance. The purpose of this Article is to provide this clarity and guidance by proposing model jury instructions on punitive damages in light of Phillip Morris and its immediate predecessors.The Article proceeds in four parts. Part I introduces the Supreme Court's debate in Phillip Morris v. Williams, borrowing liberally from the Court's opinion to establish the current doctrine on punitive damage awards. Part II then analyzes the problem that drafters face in the wake of Phillip Morris in revising model jury instructions. Part III offers some criteria to solve this dilemma, including offering juries written instructions, detailing the Court's requirements, and defining fairness. Part IV presents a first take on what model jury instructions that meet these criteria might look like. In conclusion, we articulate the next steps in providing jurors with the guidance necessary to make informed and fair decisionmaking vis-agrave;-vis punitive damage awards.
Successfully Challenging Punitive Damage Awards
Author: Theodore J. Boutrous
Publisher:
ISBN:
Category : Exemplary damages
Languages : en
Pages : 56
Book Description
Publisher:
ISBN:
Category : Exemplary damages
Languages : en
Pages : 56
Book Description
Punitive Damages
Author: Kenneth Robert Redden
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 580
Book Description
Publisher: MICHIE
ISBN:
Category : Law
Languages : en
Pages : 580
Book Description
The Product Liability Fairness Act
Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 186
Book Description
Distributed to some depository libraries in microfiche.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 186
Book Description
Distributed to some depository libraries in microfiche.
Fairness and Efficiency in the Law of Punitive Damages
Author: Dorsey D. Ellis
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 81
Book Description
Publisher:
ISBN:
Category : Damages
Languages : en
Pages : 81
Book Description