Punitive Damages Reform: HB 2025 (1987).
Limits the award of punitive damages to the lesser of
Limits the award of punitive damages to the lesser of defendant’s highest annual gross income during the preceding five years or $5 million. Provides that if the defendant earned more profit from the objectionable conduct than either of these limits, the court could award 1.5 times the amount of that profit. Requires the determination of awards for punitive damages to be made in a separate proceeding. Requires a plaintiff to prove punitive damages by “clear and convincing” evidence. Provides seven criteria for the judge to consider in punitive damages cases, including whether this is the first award against a given defendant.
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.