Punitive Damages Reform: HB 1038 (2003).

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Raises the standard for the imposition of punitive damages to


Raises the standard for the imposition of punitive damages to “clear and convincing” evidence of actual fraud, malice, or willful or wanton conduct and charges.  Limits the award of punitive damages to the greater of $250,000 or three times compensatory damages, not to exceed $1,000,000.  Provides for a bifurcated proceedings for punitive damages.

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More Work Remains on Tort Reform

This letter-to-the-editor was originally published by The Herald-Dispatch in Huntington, WV. West Virginia was a mainstay on the American Tort Reform Foundation’s “Judicial Hellholes®” list for nearly 20 years, finally […]