Punitive Damages Reform: SB 2265 (1986): Iowa Code Ann. § 668A.1.
Requires a plaintiff to show that a defendant acted with
Requires a plaintiff to show that a defendant acted with “willful and wanton disregard for the rights and safety of another.” (In 1987 the evidence standard was elevated to “clear, convincing, and satisfactory” evidence.) Requires 75% or more of all punitive damages awards to be paid to the State Civil Reparations Trust Fund. The statute directing 75% of punitive damages awards to a civil reparation trust fund did not violate the equal protection or due process clauses of the State or Federal Constitutions. Shepherd Components, Inc. v. Brice Petrides-Donohue & Associates, Inc., 473 N.W.2d 612 (Iowa 1991).
This op-ed was originally published by Agri-Pulse. Mass tort litigation has become a multi-billion-dollar industry for trial lawyers over the past several decades as they’ve targeted everything from tobacco and […]
SB 2-A to improve FL property insurance; addresses assignment of benefits, one way attorney fee shifting, third-party bad faith
Arbitrary, excessive punishments result from lack of clarity under some laws
State ranked No. 3 among worst ‘Judicial Hellholes’ in nation with residents paying $1,900 per year in ‘tort tax’
Residents pay ‘tort tax’ of more than $1,010 amid all-time high inflation
In No. 5 worst ‘Judicial Hellhole,’ Chicago residents pay $2,094 each in annual tort tax