Punitive Damages Reform: HB 551 (1988)
Requires, for the award of punitive damages, a plaintiff to
Requires, for the award of punitive damages, a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud or malice. The 1988 punitive damages reform statute requiring a plaintiff to show that the defendant acted with “flagrant indifference to the rights of the plaintiff and with a subjective awareness that such conduct will result in human death or bodily harm” as a predicate for punitive damages liability violated “jural rights” provisions of the State Constitution. Williams v. Wilson, 972 S.W.2d 260 (Ky. 1998).
ATRA President Tiger Joyce writes about trial lawyers’ latest pet project – business interruption lawsuits against insurance companies in the wake of COVID-19.
ATRA reports West Virginia attorney general candidates’ inaction on transparency code pledge.
ATRA announces two Utah candidates for attorney general signing its AG transparency code pledge.
A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.
ATRA supports the SAFE TO WORK Act as part of the Senate’s HEALS Act legislative package for coronavirus relief.