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
Support for Johnson & Johnson’s Appeal In Massive Oklahoma Opioid Judgment
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.
Lawsuit Abuse Awareness Week: This affects all of us
ATRA President Tiger Joyce spoke with Juliette Farley of the Southern California Record about Lawsuit Abuse Awareness Week and business interruption lawsuits.
First Ga. COVID-19 Business Interruption Ruling
ATRA President Tiger Joyce spoke with Rosie Manins of the Law360 about business interruption lawsuits in the wake of COVID-19.
Transparency A Priority For Montana AG Candidate
ATRA reports Montana attorney general candidate Austin Knudsen signed its AG Transparency Code pledge.
SCOTUS to Rule on Jurisdiction After State Courts Ignore Guidance
ATRA urges SCOTUS to push back the on overly expansive approaches to jurisdiction shown by courts in Minnesota and Montana.
North Carolina AG Candidates Fail To Embrace Government Transparency
ATRA reports North Carolina attorney general candidates’ inaction on transparency code pledge.