Sentences with phrase «retributive damages actions»

We need to determine how that general allocation strategy affects incentives for lawyers to bring retributive damages actions.

Though the state ought to receive the bulk of the retributive damages (for reasons I explain in the next Section), it needs to provide incentive for plaintiffs and their lawyers to bring retributive damages actions to the attention of the state.

If the government brought and won a retributive damages action, a portion would go to the PAG as a reward for bringing this misconduct to public attention, much like many jurisdictions reward those who call in crime - stopping tips.

Not exact matches

Although such coordination efforts can happen through the promise of compensa - tory damages alone or in a class action, there are two reasons to think retributive damages as I've described them are be an important supplemental tactic to achieve adequate detec - tion and punishment of private or complex misconduct.

Section C summarizes these benefits and articulates the comparative advantages of retributive damages vis - à - vis compensatory damages, class actions, criminal sanctions, and extra-compensatory damages awarded for victim - vindication or cost - internalization.

Plaintiffs who were harmed by a defendant's violation of the retributive damages statute could seek retributive damages as a remedy in a traditional tort action.

Drawing upon some of the materials embedded in the social justice accounts of tort law, [16] Part IV clarifies why creating an intermediate retributive sanction under the right safeguards to the tort system is a superior way of punishing and preventing misconduct than strictly relying on compensatory damages, class actions for compensatory damages, extra-compensatory damages for victim - vindication, the criminal justice system as we know it, or even a privately enforced criminal justice system.

That holding is only true for the retributive (and arguably the complete, not optimal, deterrence) part of extra-compensatory damages; by their nature, augmented damages for the sake of cost - internalization involve only matters of empirical estimation (ie, what's the likelihood the defendant would escape having to compensate this plaintiff), and thus are no different than compensatory damages (which ask, among other things, what kind of pain and suffering did the defendant's action cause?)

Unlike the current regime, the retributive damages structure would permit a de-fendant to credit any retributive damages paid against any fines imposed in subsequent criminal actions brought by the state for the same misconduct.