Punitive Damages Reform: SB 24 (1989).
Requires a plaintiff to show by “clear and convincing” evidence
Requires a plaintiff to show by “clear and convincing” evidence that a defendant’s actions were “knowing and reckless.” (The law previously required only a showing that a defendant’s actions were “reckless.”) Provides a government standard defense for FDA approved drugs. Requires the determination of awards for punitive damages to be made in a separate proceeding on a defendant’s motion. Requires 50% of all punitive damage awards over $20,000 to be paid to the state fund.
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