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Full-Text Articles in Law
Statutory Caps On Punitive Damages: Are They Infringing On Your Rights?, Lynsey Russell
Statutory Caps On Punitive Damages: Are They Infringing On Your Rights?, Lynsey Russell
Missouri Law Review
The argument surrounding statutory caps on punitive damages seems to be black and white – either for or against. However, this may not be the case, as a closer evaluation of Missouri history and the instant decision suggest that the issue is more nuanced. First, Part II of this Note summarizes the facts, procedural posture, and holding of Lewellen v. Franklin. Second, Part III explores the legal background of punitive damages and the limitations that have historically been imposed on them. Next, Part IV describes the majority opinion in Lewellen and examines the Supreme Court of Missouri’s rationale. Lastly, Part …
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Missouri Law Review
Ondrisek reveals that although the Eighth Circuit uses the same test as the Supreme Court, it certainly applies it differently. When comparing Ondrisek and other Eighth Circuit cases, one sees a subtle pattern that diverges from the Supreme Court’s jurisprudence. However, these differences are not yet distinct enough for the Supreme Court to have granted certiorari to resolve the inconsistencies.
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Missouri Law Review
The purpose of this Article is to reexamine and appropriately analyze the application of comparative fault to punitive damages. The Article challenges the conventional wisdom that these spheres of law should remain separate. Part II begins with an overview of the development of the law of comparative fault with punitive damages. It discusses the limited attention that has been paid to potential overlap in these areas of law and draws parallels with other developments in the law of comparative fault supporting more accurate and just awards of damages. Part III analyzes the public policy arguments for and against applying comparative …
Statutory Leapfrog: Compensatory And Punitive Damages Under The Retaliatory Provision Of The Ada, David A. Doellman
Statutory Leapfrog: Compensatory And Punitive Damages Under The Retaliatory Provision Of The Ada, David A. Doellman
Missouri Law Review
Equality has traditionally been an important issue in many different aspects of American life, and Congress created various laws to ensure that this equality is preserved. One of these laws is the Americans with Disabilities Act of 1990 (ADA). The ADA was created to ensure that those with disabilities would be treated equally in aspects of both public services and accommodations, as well as in the employment sector. Among its many provisions, the ADA serves to protect employees from being discharged from their positions in "retaliation" for opposing practices by the employer that would have also been unlawful under the …
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Punitive Damages And Due Process: Trying To Keep Up With The United States Supreme Court After Philip Morris Usa V. Williams , Tyler C. Schaeffer
Missouri Law Review
Throughout the past two decades, the United States Supreme Court has gradually formed several procedural and substantive protections under the Fourteenth Amendment's Due Process Clause limiting the size of punitive damages a State can award against civil defendants. The Court has made it clear that the catalyst for the recent constitutional doctrine stems from its concern towards punitive damages that "run wild." What has not been as clear is what prior constitutional authority the Court has drawn from when creating these new rules. Consequently, state courts, left with little guidance, have struggled with applying as well as predicting the evolving …
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Application Of Due Process To Arbitration Awards Of Punitive Damages - Where Is The State Action, The, Charles Smith
Journal of Dispute Resolution
This article will analyze why the position of the courts-no state action-is correct. Specifically, this article will take the position that the policy of finality traditionally found in arbitration law must trump any constitutional inquiries. This is because arbitration is ultimately based on the parties' agreement, which inevitably recites that the arbitrator's decision shall be final and, in any event, this finality is generally implied.
When Contracting Around The Law Will Not Work: The Potential Inability To Expressly Prohibit Punitive Damages In Arbitration, Alexia Norris
When Contracting Around The Law Will Not Work: The Potential Inability To Expressly Prohibit Punitive Damages In Arbitration, Alexia Norris
Journal of Dispute Resolution
Just as the availability of all appropriate remedies is an important part of judicial litigation, the attempt to identify and limit those remedies is an issue in an arbitration proceeding. After the United States Supreme Court's 1995 decision in Mastrobuono v. Shearson Lehman Hutton, Inc., it seemed clear that parties would be allowed to seek punitive damages if an agreement did not expressly prohibit such damages. Even so, parties continue to falter in writing agreements meant to contain the proper language that will succeed in limiting the availability of certain remedies. This is due to the continued confusion over how …
Securities Arbitration Awards Of Punitive Damages: Protective Or Expansive Steps For Review - Sawtelle V. Waddell & (And) Reed, Inc., Andrew Kopp
Journal of Dispute Resolution
An award of punitive damages is often the most significant and detrimental part of an award arising from a judicial or arbitral proceeding. In 1995, the United States Supreme Court resolved a circuit split upholding an arbitral panel's authority to award punitive damages under a securities arbitration agreement. This decision was monumental in establishing arbitral power. However, it left several questions unanswered. For example, which, if any, standards should be applied to such awards? This casenote addresses the reviewability of punitive damages awards arising out of a securities arbitration hearing.
Having Failed To Defend, An Insurer Can Still Argue Lack Of Coverage - Royal Insurance Co. Of America V. Kirksville College Of Osteopathic Medicine, Inc., Matthew Towns
Missouri Law Review
This Note explores the consequences of an insurer’s breach of the duty to defend under Missouri case law. It also examines the theories applied in other states in support of the position that a breach of the duty to defend entails loss of the right to argue lack of coverage. The Note concludes that the holding in Royal insurance Co. of America v. Kirksville College of Osteopathic Medicine, Inc. resolved a burgeoning controversy by clarifying insurers’ rights to an extent unknown in other jurisdictions.
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
I'Ll Take That: Legal And Public Policy Problems Raised By Statutes That Require Punitive Damages Awards To Be Shared With The State, Victor E. Schwartz, Mark A. Behrens, Cary Silverman
Missouri Law Review
This Article will provide a brief review of the purpose and history of punitive damages. It will then examine the various reforms adopted by the states, with a particular focus on "split-recovery" laws that require punitive damages recoveries to be shared with the state or a state-specified fund. This Article explains that such laws may actually fuel, rather than curb, punitive damages awards. The Article also explains that these laws are ethically and constitutionally problematic. This Article concludes that states seeking to reform their punitive damages laws would be better served by (1) adopting a heightened burden of proof and …
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
If The Punishment Fits - Doctored Bmw Paint Job Returns Punitive Damages Issue To The Court, Richard C. Reuben
Faculty Publications
A lot more is at stake in BMW of North America v. Gore, 94-896, than the legal cost of repainting luxury automobiles, The case returns the issue of punitive damages to the Supreme Court amid complaints by business interests to a receptive Congress that high punitive awards are helping to stifle U.S. economic growth. At the same time, the case carries overtones of federalism, an issue that seems to lurk throughout the Supreme Court's docket these days.
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Exemplary Awards In Securities Arbitration: Short-Circuited Rights To Punitive Damages - Mastrobuono V. Shearson Lehman Hutton, Inc., Isham R. Jones Iii
Journal of Dispute Resolution
Despite some residual image problems, arbitration is far from a modem day phenomenon.2 Aristotle himself was a fan of arbitration, "for the arbitrator keeps equity in view, whereas the judge looks only to the law."3 However, inconsistency among federal courts regarding the award of punitive damages by arbitrators has only furthered the image problem.4 Discord among courts arises when parties sign a contract agreeing to be bound by the law of a state which prohibits arbitral awards of punitive damages along with contract language which seems to express intent to allow punitive damages.5 Under the Federal Arbitration Act ("FAA"), federal …
Punitive Damages In Securites Arbitration: The Interplay Of State And Federal Law (Or A Smaller Bite Of The Big Apple), Marilyn B. Cane
Punitive Damages In Securites Arbitration: The Interplay Of State And Federal Law (Or A Smaller Bite Of The Big Apple), Marilyn B. Cane
Journal of Dispute Resolution
As the United States Supreme Court has observed, the Federal Arbitration Act (FAA) 2 "is something of an anomaly in the field of federal-court jurisdiction. It creates a body of federal substantive law establishing and regulating the duty to honor an agreement to arbitrate, yet it does not create any independent federal-question jurisdiction."' The parameters and effect of state law under the FAA are continually being refined by the courts. Since the FAA is silent regarding the award of punitive damages, the role state law plays with respect to this issue is unsettled.
Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek
Punitive Damages In New York Arbitration: Who Is Really Being Punished - Barbier V. Shearson Lehman Hutton, Inc. , Brian R. Hajicek
Journal of Dispute Resolution
Promotion of settlement to reduce litigation is a well-established policy goal in our federal court system.2 However, when parties cannot resolve all of their disputes in alternative dispute resolution, this policy goal is undermined. In arbitration governed by the law of the state of New York, parties are generally unable to resolve all of their disputes in arbitration when punitive damages would be warranted. In most cases, the parties' dispute cannot be fully resolved where punitive damages would be available because an arbiter is not free to award punitive damages in arbitration under New York law. This is particularly troublesome …
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Manifestations Of A Reluctance To Recognize Punitive Damages In Products Liability, Christopher P. Rackers
Missouri Law Review
Asbestos is one of many products which have a once-latent danger now facing consumers. Our judicial system uses many means to confront these dangers, including imposing punitive damages on manufacturers. At what point does a manufacturer's business decisions affect society such that punitive damages become necessary? This issue is increasingly important in our highly industrialized and technological society. Angotti v. Celotex Corp. mandates an in-depth examination of this issue: first, how are jurisdictions other than Missouri approaching this problem; second, what considerations affect how punitive damages are used in a products liability setting; third, does Missouri's approach further these considerations; …