Punitive Damages Reform: (1987): Ala. Code § 6-11-20.
Requires a plaintiff to show by “clear and convincing” evidence
Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “wanton” conduct for the recovery of punitive damages. Limits the award of punitive damages to $250,000. The statute setting a $250,000 limit on punitive damages awards violated the right to jury trial under the State Constitution. Henderson v. Alabama Power Co., 627 So. 2d 878 (Ala. 1993). Requires trial and appellate judges to review all punitive damages awards and reduce those that are excessive based on the facts of the case. The Alabama Supreme Court held the judicial review of all awards unconstitutional in Armstrong v. Roger’s Outdoor Sports, Inc., May 10, 1991.
ATRA Reiterates Support for Chapter 11 Bankruptcy Use to Address Mass Tort Litigation, Urges Meaningful Dialogue Amid Senate Judiciary Committee Hearing
The lack of oversight and transparency around third-party litigation funding threatens the integrity of our legal system
Together, let’s forge a legal landscape that makes equitable access to justice a living reality for all Georgians.
This is an opportunity to reassess the practices and regulations surrounding private-attorney contracting and to enact reforms that promote fairness, transparency and value for taxpayer dollars.
Allowing the company to continue the bankruptcy process will help ensure equitable and efficient resolution in complex mass tort claims