Punitive Damages Reform: SB 241 (1987)

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Requires a plaintiff to show by “clear and convincing” evidence


Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud, or malice.  Requires the determination of awards for punitive damages to be made in a separate proceeding, allowing evidence of defendants’ financial conditions only after a finding of liability.

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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 […]