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.

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SCOTUS Should Affirm Federal Law Supremacy With FDA Authority Case

The U.S. Supreme Court has a chance to rein in state court rulings that impose liability on pharmaceutical companies that go beyond, and even contradict, the federal regulatory process of the FDA, according to Tiger Joyce, president of the American Tort Reform Association. He explains why it is imperative the high court review a case involving Janssen Pharmaceuticals.