Punitive Damages Reform: SB 1200 (1986).

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Prohibits a plaintiff from pleading punitive damages in an original


Prohibits a plaintiff from pleading punitive damages in an original complaint.  Requires a subsequent motion for punitive damages to show at a hearing a reasonable chance that the plaintiff will recover an award for punitive damages at trial.  Requires a plaintiff to show that the defendant acted “willfully and wantonly.”  Provides discretion to the court to award punitive damages among the plaintiff, the plaintiff’s attorney, and the State Department of Rehabilitation Services.

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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 […]