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Author : American Bar Association. Special Committee on Punitive Damages
Publisher :
ISBN 13 :
Total Pages : 116 pages
Book Rating : 4.F/5 ( download)
Download or read book Punitive Damages written by American Bar Association. Special Committee on Punitive Damages and published by . This book was released on 1986 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : James Goudkamp
Publisher : Bloomsbury Publishing
ISBN 13 : 150996701X
Total Pages : 421 pages
Book Rating : 4.5/5 (99 download)
Download or read book Landmark Cases in the Law of Punitive Damages written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2023-12-28 with total page 421 pages. Available in PDF, EPUB and Kindle. Book excerpt: Punitive damages are private law's most controversial remedy. This book traces the development of the jurisdiction from the foundational decisions of Huckle v Money and Wilkes v Wood in England, to leading modern cases such as Harris v Digital Pulse Pty Ltd in Australia, Whiten v Pilot Insurance Co in Canada, Couch v AG (No 2) in New Zealand, PH Hydraulics and Engineering Pte Ltd v Airtrust (Hong Kong) Ltd in Singapore and Mathias v Accor Economy Lodging, Inc and State Farm Mutual Automobile Insurance Co v Campbell in the United States. Many of the decisions addressed are not only landmarks regarding punitive damages but are among the most important judgments delivered in private law more generally. The essays, which are written by leading scholars from a wide range of jurisdictions, cast new light on the cases covered. They do so by examining their historical antecedents and the impact that they have had on the development of the law. The full spectrum of issues regarding punitive damages is addressed including the insurability of punishment, constitutional constraints on the remedy's availability and whether the award should be confined to particular causes of action. The collection will be of interest to all scholars and students of private law. It concentrates on common law cases although civilian perspectives, drawn from France and Germany, are also offered.
Author : Defense Research Institute
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.:/5 (721 download)
Download or read book The Case Against Punitive Damages written by Defense Research Institute and published by . This book was released on 1969 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Kenneth Robert Redden
Publisher : MICHIE
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.:/5 (43 download)
Download or read book Punitive Damages written by Kenneth Robert Redden and published by MICHIE. This book was released on 1980 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Cass R. Sunstein
Publisher : University of Chicago Press
ISBN 13 : 0226780163
Total Pages : 299 pages
Book Rating : 4.2/5 (267 download)
Download or read book Punitive Damages written by Cass R. Sunstein and published by University of Chicago Press. This book was released on 2008-12-19 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades, the United States has seen a dramatic increase in the number and magnitude of punitive damages verdicts rendered by juries in civil trials. Probably the most extraordinary example is the July 2000 award of $144.8 billion in the Florida class action lawsuit brought against cigarette manufacturers. Or consider two recent verdicts against the auto manufacturer BMW in Alabama. In identical cases, argued in the same court before the same judge, one jury awarded $4 million in punitive damages, while the other awarded no punitive damages at all. In cases involving accidents, civil rights, and the environment, multimillion-dollar punitive awards have been a subject of intense controversy. But how do juries actually make decisions about punitive damages? To find out, the authors-experts in psychology, economics, and the law-present the results of controlled experiments with more than 600 mock juries involving the responses of more than 8,000 jury-eligible citizens. Although juries tended to agree in their moral judgments about the defendant's conduct, they rendered erratic and unpredictable dollar awards. The experiments also showed that instead of moderating juror verdicts, the process of jury deliberation produced a striking "severity shift" toward ever-higher awards. Jurors also tended to ignore instructions from the judges; were influenced by whatever amount the plaintiff happened to request; showed "hindsight bias," believing that what happened should have been foreseen; and penalized corporations that had based their decisions on careful cost-benefit analyses. While judges made many of the same errors, they performed better in some areas, suggesting that judges (or other specialists) may be better equipped than juries to decide punitive damages. Using a wealth of new experimental data, and offering a host of provocative findings, this book documents a wide range of systematic biases in jury behavior. It will be indispensable for anyone interested not only in punitive damages, but also jury behavior, psychology, and how people think about punishment.
Author : United States. Congress. Senate. Committee on the Judiciary
Publisher :
ISBN 13 :
Total Pages : 138 pages
Book Rating : 4.0/5 (5 download)
Download or read book Punitive Damages in Financial Injury Cases, the Rand Report written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1997 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Tom Riley
Publisher : Prentice Hall
ISBN 13 :
Total Pages : 360 pages
Book Rating : 4.3/5 (9 download)
Download or read book Proving Punitive Damages written by Tom Riley and published by Prentice Hall. This book was released on 1981 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :
Publisher :
ISBN 13 :
Total Pages : 20 pages
Book Rating : 4.:/5 (173 download)
Download or read book Constitutional Limits on Punitive Damages Awards written by and published by . This book was released on 2007 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts sometimes award punitive (or exemplary) damages in addition to compensatory damages. Compensatory damages redress the "loss the plaintiff has suffered by reason of the defendant's wrongful conduct." Punitive damages serve the dual purposes of deterrence and retribution, and are viewed as "quasi-criminal" and as "private fines"; the Supreme Court has defined their imposition as "an expression of [the jury's] moral condemnation." In a 5-4 decision on February 20, 2007, the U.S. Supreme Court vacated and remanded the Oregon Supreme Court's decision in Philip Morris USA v. Williams, a case in which the Oregon Supreme Court held that a punitive damages award of $79.5 million did not violate the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. The Supreme Court had granted certiorari to consider "[w]hether, in reviewing a jury's award of punitive damages, an appellate court's conclusion that a defendant's conduct was highly reprehensible and analogous to a crime can 'override' the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm." The Court had further agreed to consider "[w]hether due process permits a jury to punish a defendant for the effects of its conduct on non-parties." Holding that the Due Process Clause does not allow a jury to base the amount of a punitive damage award on the jury's "desire to punish the defendant for harming persons who are not before the court," the Court then declined to examine whether the $79.5 million award was "grossly excessive." This report summarizes decisions by the U.S. Supreme Court in relevant punitive damages cases, discusses lower court rulings in Philip Morris USA v. Williams, analyzes arguments in the appeal of the case to the U.S. Supreme Court, examines factors the Court considered in its decision, and elucidates concerns for the future.
Author : James Fitzjames Stephen
Publisher :
ISBN 13 :
Total Pages : 518 pages
Book Rating : 4.A/5 ( download)
Download or read book A History of the Criminal Law of England written by James Fitzjames Stephen and published by . This book was released on 1883 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783709109649
Total Pages : 0 pages
Book Rating : 4.1/5 (96 download)
Download or read book Punitive Damages: Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2011-11-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author : Thomas J. Collin
Publisher : American Bar Association
ISBN 13 : 9781570736179
Total Pages : 224 pages
Book Rating : 4.7/5 (361 download)
Download or read book Punitive Damages and Business Torts written by Thomas J. Collin and published by American Bar Association. This book was released on 1998 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Linda L. Schlueter
Publisher :
ISBN 13 : 9781579113216
Total Pages : pages
Book Rating : 4.1/5 (132 download)
Download or read book Punitive Damages written by Linda L. Schlueter and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Helmut Koziol
Publisher : Springer
ISBN 13 : 9783211922101
Total Pages : 335 pages
Book Rating : 4.9/5 (221 download)
Download or read book Punitive Damages: Common Law and Civil Law Perspectives written by Helmut Koziol and published by Springer. This book was released on 2009-07-10 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the growing literature on the subject of punitive damages, the consensus is that it seems worthwhile and even necessary to discuss, thoroughly and on a comparative basis, the nature, role and suitability of such damages in tort law and private law in general. This book contains reports from selected jurisdictions that explicitly allow the award of punitive damages as well as from jurisdictions which purport (sometimes emphatically) to deny their existence (although a number covertly incorporate such damages into the framework of their tort systems). It benefits from an economic analysis of punitive damages, a report from a private international law perspective, one on their insurability and one on aggravated damages. The book’s comparative report and conclusion critically evaluates the material in the above reports and advances a thorough analysis of the nature of punitive damages, the cases for and against them, and their suitability in the field of tort law. Alternative remedies in private and criminal law are also considered. The publication will appeal to students, academics, practitioners, judges, policy makers and those in the insurance industry.
Author : California. Superior Court (Los Angeles County). Committee on Standard Jury Instructions, Civil
Publisher :
ISBN 13 :
Total Pages : 490 pages
Book Rating : 4.F/5 ( download)
Download or read book California Jury Instructions, Civil written by California. Superior Court (Los Angeles County). Committee on Standard Jury Instructions, Civil and published by . This book was released on 2002 with total page 490 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Michael Rustad
Publisher :
ISBN 13 :
Total Pages : 80 pages
Book Rating : 4.F/5 ( download)
Download or read book Demystifying Punitive Damages in Products Liability Cases written by Michael Rustad and published by . This book was released on 1991 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Thomas F. Lambert
Publisher :
ISBN 13 : 9780941916479
Total Pages : 34 pages
Book Rating : 4.9/5 (164 download)
Download or read book The Case for Punitive Damages written by Thomas F. Lambert and published by . This book was released on 1988 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : John C. McCarthy
Publisher :
ISBN 13 :
Total Pages : 748 pages
Book Rating : 4.:/5 (43 download)
Download or read book Punitive Damages in Bad Faith Cases written by John C. McCarthy and published by . This book was released on 1987 with total page 748 pages. Available in PDF, EPUB and Kindle. Book excerpt: A jurisdiction-by-jurisdiction discussion of the evaluation, management, settlement and litigation of bad faith cases, is provided in this anotated volume, including forms and practice aids.
