Punitive Damages Reform: SB 137 (1999)
Limits the award of punitive damages in most non-physical injury
Limits the award of punitive damages in most non-physical injury cases to the greater of three times the award of compensatory damages or $500,000. Limits the award of punitive damages in non-physical injury cases against businesses with a net worth of less than $2 million to the greater of $50,000 or 10% of the business’s net worth up to $200,000. Limits the award of punitive damages in physical injury cases to the greater of three times the award of compensatory damages or $1.5 million. Prohibits application of the rule of joint and several liability in actions for punitive damages, except for wrongful death actions, actions for intentional infliction of physical injury, and class actions. Provides that the limit on punitive damages will be adjusted on January 1, 2003 and increased at three‑year intervals in accordance with the Consumer Price Index.
ATRA reports neither candidate for West Virginia Attorney General has signed its transparency oath, writes Chris Dickerson for the West Virginia Record.
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A Washington controlled by Democrats would be a bonanza for the trial bar, writes W.J. Kennedy for Legal Newsline.