Punitive Damages Reform: Actual Malice: SB 2805 (1987).
Requires a plaintiff to show that a defendant acted with
Requires a plaintiff to show that a defendant acted with “actual malice” or “wanton and willful disregard” for the rights of others. Requires the determination of awards for punitive damages to be made in a separate proceeding. Provides for an FDA government standards defense to punitive damages. The reform does not apply to cases involving environmental torts.
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