Punitive Damages and Valuing Harm
نویسنده
چکیده
منابع مشابه
Punitive damage decision making: the decisions of citizens and trial court judges.
Some states have allocated the authority to determine the amount of punitive damages to judges rather than to juries. This study explored the determination of damages by jury-eligible citizens and trial court judges. The punitive damage awards of both groups were of similar magnitude and variability. The compensatory damages ofjurors were marginally lower but, in some conditions, were more vari...
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Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of about 3 to 5 percent of plaintiff trial wins. Using the 2005 data from the Bureau of Justice Statistics Civil Justice Survey, this article shows that knowing in which cases plaintiffs sought punitive damages transforms the picture of punitive damages. Not accounting for whether punitive damages wer...
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INTRODUCTION ......................................................................................854 I. THEORIES AND CRITIQUES OF PUNITIVE DAMAGES ........................857 A. The History and Theories of Punitive Damages Awards ......... 857 B. Critiques of Punitive Damages ........................................... 860 II. THE SUPREME COURT’S PUNITIVE DAMAGES JURISPRUDENCE .......863 III....
متن کاملMalice/gross negligence.
I n health care liability claims, claimants often plead for recovery of exemplary/punitive damages from the defendant health care providers. These allegations often cause anxiety for the defendants, because invariably their professional liability insurance carrier sends them a letter stating that such claims—as well as any damages that may be awarded to compensate the claimant for such claims—a...
متن کاملIntegrating Punishmentand Efficiency Concerns in Punitive Damages for Reckless Disregard of Risks to Others
Punitive damages deter and punish. Using a social welfare function that incorporates both economic efficiency and a desire for retribution, this paper explores the effects of punitive damages in situations of reckless disregard that might be viewed as outrageous. If the defendant was making a rational decision that reflected all of social costs, any level of punitive damages lowers efficiency. ...
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تاریخ انتشار 2017