Punitive Damages Reform: Actual Malice: SB 2805 (1987).

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Requires a plaintiff to show that a defendant acted with


Requires a plaintiff to show that a defendant acted with “actual malice” or “wanton and willful disregard” for the rights of others.  Requires the determination of awards for punitive damages to be made in a separate proceeding.  Provides for an FDA government standards defense to punitive damages.  The reform does not apply to cases involving environmental torts.

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