Punitive Damages Reform: HB 2025 (1987).
Limits the award of punitive damages to the lesser of
Limits the award of punitive damages to the lesser of defendant’s highest annual gross income during the preceding five years or $5 million. Provides that if the defendant earned more profit from the objectionable conduct than either of these limits, the court could award 1.5 times the amount of that profit. Requires the determination of awards for punitive damages to be made in a separate proceeding. Requires a plaintiff to prove punitive damages by “clear and convincing” evidence. Provides seven criteria for the judge to consider in punitive damages cases, including whether this is the first award against a given defendant.
ATRA reports neither candidate for West Virginia Attorney General has signed its transparency oath, writes Chris Dickerson for the West Virginia Record.
ATRA President Tiger Joyce writes about trial lawyers’ latest pet project – business interruption lawsuits against insurance companies in the wake of COVID-19.
ATRA reports West Virginia attorney general candidates’ inaction on transparency code pledge.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.