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.
Latest News
View all news
‘Highly Unusual’ Rehearing of Louisiana Case Raises Judicial Independence Concerns
Louisiana Supreme Court Waffles Under Political Pressure, ATRA Brief Urges Court to Stand Strong
America’s Top 9 Worst Judicial Hellholes®
Left unchecked, these jurisdictions will continue dragging down economic growth and undermining justice through rampant lawsuit abuse.
ATRA Commends J&J’s Plan to Resolve Notorious Talc Lawsuits
Claimants Given Opportunity to Vote on Plan; Judge to Reconsider Scientific Validity of Plaintiffs’ Experts
The Lab Whose Junk Science Is Fueling a Frenzy of Litigation
Legitimate consumer protection demands sound science and impartial analysis — not distorted data designed to manufacture lawsuits.
Lawsuit Advertising Frenzy Fuels Georgia’s Litigation Epidemic
Law Firms Spent $168M+ on 2.2M Ads in Georgia
Trial Lawyers’ Dual Grip on Pennsylvania Politics and Public Opinion Revealed in New ATRA Reports
ATRA’s Latest Studies Reveal Financial Influence and Lack of Transparency in Pennsylvania’s Campaign Finance Systems