Sentences with phrase «punitive damage limit»

The Arkansas Supreme Court held that the punitive damages limit of greater of $ 250,000 or three times compensatory damages, not to exceed $ 1 million, violated provision of State Constitution barring limits on recovery outside employment context, in Bayer CropScience LP v. Schafer, 2011 WL 6091323, December 8, 2011.

Not exact matches

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Brite had sued in a Texas county court, a court of limited jurisdiction that lacks authority to hear cases with a value in excess of $ 100,000, excluding interest, statutory or punitive damages and attorney fees, as alleged on the face of the petition.

«That chasm provided predictability for businesses that damages would be limited solely to economic losses — those losses that come from damages as a direct result of the contract breach (not punitive damages).

Although they fail to «draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable,» id., at 458; Has lip, 499 U. S., at 18, a majority of the Justices agreed that the Due Process Clause imposes a limit on punitive damages awards.

This week, Broward (Florida) Circuit Judge Richard Eadea expanded the traditional limits of liability in injuries caused by texting in another way, when he granted the plaintiff's motion to allow punitive damages in a civil negligence suit.

In Washington, D.C., punitive damages must not be unconstitutionally high; typically, the upper limit is nine times compensatory damages unless extreme circumstances exist.

The Oregon courts appear to believe that a statelaw «reasonableness» limit upon the amount of punitive damages subsists, but can not be enforced through the process of judicial review.

In Colorado, there has been tort reform legislation in areas including but not limited to, medical malpractice, punitive or exemplary damages and other non-economic damages.

The Court upheld punitive damage awards in both cases, but indicated that due process imposes an outer limit on remedies of this type.

'' (g) The total deterrent effect of other punishment imposed upon the defendant as a result of the misconduct, including, but not limited to, punitive damage awards to

State regulations limit the punitive damages to not exceed five times the compensatory damages already awarded, or $ 350,000, whichever is higher.

WHEREAS, multiple punitive damages claims are a major obstacle to comprehensive settlement negotiations in repetitive litigation between plaintiffs and dependents; and WHEREAS, limiting multiple punitive damages 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.

This includes damages for your pain and suffering and, in some limited circumstances, punitive damages.

Although the Court clarified that damages based on the manner of dismissal are still compensable, in essence, the Court's decision will limit or restrict the punitive or «deterrant» effect of such awards and focus on compensating employees for actual losses suffered.

There is, of course, the possibility of other damages, such as emotional distress and punitive damages, but even punitive damages are often limited by law or by the judge to thousands, rather than millions.

California has tested the limits of punitive damages in two recent state supreme court decisions, Simon v. San Paolo U.S. Holding, and Johnson v. Ford Motor.

New Jersey limits the punitive damages to either a maximum $ 350,000 or five times your compensated damages, whichever amount is greater.

Ohio set a limit on punitive damages in 2005 that the amount could not be more than two times the amount of compensatory damages.

In Ohio, punitive damages are limited to two times compensatory damages or 10 percent of defendant's net worth, not to exceed $ 350,000, whichever is lower.

There are still other circumstances (such as intentional harm) where there is no cap at all except that the punitive damages must not be unconstitutionally high; typically the upper limit is nine times compensatory damages unless extreme circumstances exist.

U.S. District Judge Earl Britt said in his order a state cap on damages required him to limit punitive damages to $ 250,000 per plaintiff, report Courthouse News Service, the Associated Press and the News & Observer.

In West Virginia, punitive damages must not be unconstitutionally high; typically an upper limit of nine times compensatory damages unless extreme circumstances exist.

Ohio Revised Code § 2315.18 establishes caps on noneconomic damages while § 2315.21 (D) limits the amount of punitive damages that can be awarded in civil lawsuits.

For example, Mr. Klamann was lead counsel in a commodities churning case which was tried to a $ 700,000 punitive damages verdict, a securities fraud case which produced a seven - figure confession of judgment involving a Real Estate Investment Trust (REIT), a successful consolidated case of more than 140 plaintiff investors in varying combinations of six commercial real estate syndications, several individual securities churning cases, a fraudulent energy conservation limited partnership of 75 investor / plaintiffs, a successful consolidated case involving 124 investors in forty diverse limited partnerships, and a successful case involving scores of investor / plaintiffs in a series of fraudulent oil and gas limited partnerships.

In Maryland, punitive damages must not be unconstitutionally high; typically the upper limit is nine times compensatory damages unless extreme circumstances exist.

Punitive damages are awarded in very limited cases, under very limited circumstances.

However, if the defendant is a small employer or individual, the punitive damages are limited to ten percent of net worth up to a maximum of $ 350,000.

Punitive damages are damages that are only allowed in an extremely limited number of cases, whereby the court feels it is appropriate to instruct the jury on punitive Punitive damages are damages that are only allowed in an extremely limited number of cases, whereby the court feels it is appropriate to instruct the jury on punitive punitive damages.

In New Mexico, punitive damages must not be unconstitutionally high; typically the upper limit is nine times compensatory damages unless extreme circumstances exist.

Punitive damages are available in a very limited number of cases.

Arnette notes that U.S. courts are moving to impose stricter limits on punitive damages, while some countries like Spain, Canada and Australia are not hostile to the notion of punitive damages, and have enforced American judgments for punitives in their courts.