[111] The quantum
of punitive damages awarded by this jury, however, is another matter entirely, and it is appropriate to comment on this for the benefit of the parties and the judge at the new trial.
It can not be said that the quantum
of the punitive damages awarded as against Rabinowitz was irrational, given the underlying objectives of such damages.
Being as kind as possible to the reasoning, the Court adopts a «Goldilocks» approach: the amount
of punitive damages awarded by the trial judge ($ 1,000,000) was «too high», the amount awarded by the Court of Appeal ($ 250,000) was too low because it «fails to fully reflect the gravity of the conduct and the need to deter others», so $ 500,000 is perfect.
Some states impose a cap on the amount
of punitive damages awarded to a plaintiff.
Information reported includes the type of case, types of plaintiffs and defendants, trial winners, amount of total damages awarded, amount
of punitive damages awarded, and case processing time.
The amount
of punitive damages awarded depends greatly on the factors of the case.
In affirming, both the State Court of Appeals and the State Supreme Court rejected Honda's argument that the punitive damages award violated due process because it was excessive and because Oregon courts have no power to correct excessive verdicts under a 1910 amendment to the State Constitution, which prohibits judicial review of the amount
of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»
An amendment to the Oregon Constitution prohibits judicial review of the amount
of punitive damages awarded by a jury «unless the court can affirmatively say there is no evidence to support the verdict.»
More specifically, the question is whether the Due Process Clause requires judicial review of the amount
of punitive damages awards.
In particular, he noted that» «procedural due process» requires judicial review
of punitive damages awards for reasonableness.»
The Court today invalidates this choice, largely because it concludes that English and early American courts generally provided judicial review of the size
of punitive damage awards.
(a) The Constitution imposes a substantive limit on the size
of punitive damages awards.
We granted certiorari, 510 U. S. 1068 (1994), to consider whether Oregon's limited judicial review of the size
of punitive damages awards is consistent with our decision in Has lip.
Held: Oregon's denial of review of the size
of punitive damages awards violates the Fourteenth Amendment's Due Process Clause.
could evaluate the excessiveness
of punitive damages awards through passion and prejudice review, the Oregon Supreme Court would have mentioned that power in this very case.
There is a dramatic difference between the judicial review
of punitive damages awards under the common law and the scope of review available in Oregon.
Empirical evidence, in fact, supports the importance of judicial review of the size
of punitive damages awards.
Recognizing that other state courts had interpreted Haslip as including a «clear... constitutional mandate for meaningful judicial scrutiny
of punitive damage awards,» Adams v. Murakami, 54 Cal.
'' [WJe do not suggest that a defendant has a substantive due process right to a correct determination of the «reasonableness»
of a punitive damages award.
However, the number and quantum
of punitive damages awards is significantly higher in the 2003 - 13 cases where the plaintiff was a corporation than where the plaintiff was a natural person.
Look at the Roby decision's reining in
of punitive damage awards (blog here).
A court will consider whether the damages to be awarded to compensate the plaintiffs» loss are rationally related to the objective
of a punitive damage award (retribution, deterrence, and denunciation) prior to awarding punitive damages.
With this decison, the Ontario Court of Appeal specifically acknowledged the appropriateness
of punitive damages awards against employers who discriminate, harass or fail to accommodate disabled employees.
The purpose
of a punitive damage award is to punish the defendant.
In Honda Canada Inc. v Keays4, an employment law decision, the Supreme Court of Canada reviewed the availability
of punitive damage awards and reiterated, at para. 63, that punitive damage should only be awarded in «rare circumstances» and are restricted to «advertent wrongful acts that are so malicious and outrageous that they are deserving of punishment on their own.»
The Ontario Court of Appeal found that $ 500,000 was not a «rational» punishment for Honda Canada's misconduct, after weighing the length and severity of the harassment and discrimination endured by Mr. Keays, considering the other damages awarded to him, and reviewing the range
of punitive damages awards in comparative matters.
Co. v. Campbell, 538 U.S. 408, 418 (2003), to recognize a tripartite federal standard for review
of punitive damage awards.
[3] For the reasons that follow, I would dismiss the appeal
of the punitive damages award and allow the appeal of the mental distress damages award.
Real estate dispute; reversal
of punitive damage award in corporate derivative suit; only injured party can recover punitive damages; ratio of punitive to compensatory damages
The Court's reduction
of the punitive damages award from $ 100,000 to $ 15,000 could be taken, without too much reading between the lines, as some indication that some members of the court were somewhat skeptical --(I'm bowing to the spelling checker and not typing «sceptical», regardless of the homononym) of the merits of the claim that plaintiff was, in fact, misled.
Requires 75 %
of punitive damage awards to be paid to the state fund.
Under Texas statute, caps apply to medical malpractice awards and to certain types
of punitive damage awards.
In recent years the Supreme Court has put restrictions on the size
of punitive damages awards and limited the use of awards to punish broader conduct outside the scope of a particular case.
That efficiency is enhanced when most of the retributive damages awards go to the state because plaintiffs don't plan on being victims
of punitive damages awards and they, for the most part, have other incentives to pursue compensatory damages.
Requires 50 %
of all punitive damages awards to be paid to the state fund.
The split - recovery statute allocating 60 %
of punitive damages award to the state did not violate the right to a remedy, the right to a jury trial, the takings or tax provisions, or the separation of powers under the State Constitution.
Requires one - third
of punitive damages awards to be paid to the state fund.
The punitive damage provision in the massive highway funding bill, H.R. 3, also holds that any portion
of a punitive damage award covered by the defendant's insurance will be included in the defendant's gross income.
Requires 50 %
of all punitive damage awards over $ 20,000 to be paid to the state fund.
Not exact matches
A Florida jury assessed Gawker Media millions more in
punitive damages on Monday for having invaded the privacy
of the retired wrestler Hulk Hogan, adding to the $ 115 million it
awarded in compensatory
damages last week.
Penn
awarded damages in the amount
of US$ 2.63 billion, and
punitive damages in the amount
of US$ 5 million.
It provides that a court shall
award actual
damages, and may
award punitive damages, if a SLAPP defendant shows that the SLAPP was brought to harass, inhibit the defendant's public participation or exercise
of constitutional rights, or otherwise wrongfully injure the defendant.
In no event shall the arbitrator be entitled to
award either party exemplary, treble or any other form
of punitive damages against the other, regardless
of the claims raised.
The arbitrator will not have the power to
award damages in excess
of the limitation on actual compensatory, direct
damages set forth in the Terms and may not multiply actual
damages or
award punitive damages or any other
damages that are specifically excluded under the Terms, and each party hereby irrevocably waives any claim to such
damages.
Further, in any such dispute, under no circumstances will participant be permitted to obtain
awards for, and hereby waives all rights to claim
punitive, incidental, or consequential
damages, including reasonable attorneys» fees, other than participant's actual out -
of - pocket expenses (i.e. costs associated with entering this Giveaway), and participant further waives all rights to have
damages multiplied or increased.
According to the Times, one
of the men who accused Bernard Spitzer
of firing them because
of the color
of their skin was Anthony Haydenn, who was
awarded $ 200,000 by a jury in 2008 — $ 100,000 in lost wages, $ 25,000 for emotional distress and $ 75,000 in
punitive damages.
Netflix's latest documentary, Nobody Speak: Trials
of the Free Press, was often colloquially referred to as the «Hulk Hogan» documentary which led many to believe that the sole focus
of the film would center on the wrestler's legal entanglement with Gawker — which ultimately led to the news portal being bankrupted and shuttered after a Florida judge
awarded Hogan $ 115 million in
punitive damages.
In the case
of the tobacco industry, the courts did much
of the heavy lifting, giving cancer victims standing to sue and allowing juries to
award billions
of dollars in
punitive damages.
Toddler Times Publications for Young Children, Inc. dba Independent Press
Award will not be liable for any special, indirect, incidental, consequential or
punitive damages or any other
damages whatsoever, whether in an action
of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use
of this website or information.
Are you thinking
of some really nasty situation where (I don't know)
punitive damages were
awarded in a car case?