Punitive Damages Reform: AB 307 (1989).
Limits punitive damages awards to $300,000, where the award for
Limits punitive damages awards to $300,000, where the award for compensatory damages is less than $100,000, and to three times the award for compensatory damages, where the award for compensatory damages is $100,000 or more. The reform does not apply to cases against a manufacturer, distributor, or seller of a defective product; an insurer who acts in bad faith; a person violating housing discrimination laws; a person involved in a case for damages caused by toxic, radioactive, or hazardous waste; or a person for defamation. Requires a plaintiff to show by “clear and convincing evidence” that a defendant acted with “oppression, fraud, or malice.” Requires the determination of awards for punitive damages to be made in a separate proceeding. Permits the admissibility of evidence of a defendant’s finances only during the proceeding for the determination of punitive damages.
ATRA files amicus brief in support of Johnson & Johnson’s decision to appeal a 2019 $465 million judgment against the company, warning against the state attorney general’s expansive use of public nuisance law.
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.
ATRA urges SCOTUS to push back the on overly expansive approaches to jurisdiction shown by courts in Minnesota and Montana.
ATRA reports North Carolina attorney general candidates’ inaction on transparency code pledge.