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Uninsured Motorist Insurance Now Covers Punitive Award - Hutchinson V. J.C. Penny Casualty Insurance Company, Dale Katzenmeyer
Uninsured Motorist Insurance Now Covers Punitive Award - Hutchinson V. J.C. Penny Casualty Insurance Company, Dale Katzenmeyer
Akron Law Review
A split of authority exists among the few states which have decided the issue In jurisdictions permitting recovery of punitive damages, uninsured motorist coverage is intended to place the insurer in the shoes of the uninsured tortfeasor. Since the insurer stands in the shoes of the tortfeasor, and since punitive damages could be covered if the tortfeasor had his own insurance, it is illogical to deny the victim punitive damages simply because the tortfeasor is uninsured. Other jurisdictions believe that punitive damages should not be awarded since that award would not operate to punish the tortfeasor and would therefore violate …
What Makes The Collateral Source Rule Different?, Michael B. Kelly
What Makes The Collateral Source Rule Different?, Michael B. Kelly
Akron Law Review
Tort liability forces parties engaged in risk-producing activities to internalize the costs that the activities impose on those adversely affected by the risks they create. Rational parties should take precautions to reduce those risks rather than pay the costs the risks cause – at least up to the point that further reductions would cost more than the harms they would prevent. How could reforms that reduce liability, and thus force parties to internalize a lower portion of the costs suffered as a result of the risks they create, produce a decrease in fatal accidents? Part I below briefly considers this …
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform, Doug Rendleman
A Cap On The Defendant's Appeal Bond?: Punitive Damages Tort Reform, Doug Rendleman
Akron Law Review
This article begins in Part II with background about appeal bonds and the way their amounts were set before tort reform. Since the defendant’s cost of an appeal bond is an expense and, perhaps, an impediment to its appeal, the defendant will seek ways to surmount, reduce, or avoid the impediment. Part II then uses Pennzoil v. Texaco to illustrate two of defendants’ strategies for staying collection on a judgment pending review in lieu of posting a huge appeal bond—obtain a federal injunction and file for bankruptcy. This article shows why neither strategy is sufficient: the federal court’s abstention doctrines …
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Statutory Caps And Judicial Review Of Damages, Colleen P. Murphy
Akron Law Review
In this article, I examine two procedural questions arising from the use of statutory caps. First, how should a statutory cap affect judicial review of awards for possible excessiveness? Second, when a legislature has imposed a total cap on a combination of different types of damages (such as on the total of punitive and compensatory damages or on the total of economic and noneconomic damages), how should courts allocate multiple awards to conform to the cap?...With respect to multiple awards that exceed a total cap on different types of damages, I suggest that the appropriate way to conform multiple awards …
The Struggle Over Tort Reform And The Overlooked Legacy Of The Progressives, Rachel M. Janutis
The Struggle Over Tort Reform And The Overlooked Legacy Of The Progressives, Rachel M. Janutis
Akron Law Review
In attempting to distinguish the 1950s and 1960s tort expansion from the current tort retraction, the scholarly account depicts the tort expansion as primarily a judicial movement led by legal academics devoid of any self-interest. In contrast, this account holds out the current tort retraction as a mainly political movement driven by the economic self-interest of its proponents...First, contemporary tort reform, rather than solely being a reaction to tort expansion in the 1950s and 1960s, is part of a continuing debate between corporate, professional and insurance interests on one side and consumer interests and the trial bar on the other …
Exxon Shipping Co. V. Baker: Why The Supreme Court Missed The Boat On Punitive Damages, Maria C. Klutinoty
Exxon Shipping Co. V. Baker: Why The Supreme Court Missed The Boat On Punitive Damages, Maria C. Klutinoty
Akron Law Review
This Note will touch upon the numerous constitutional challenges the doctrine of punitive damages has faced, and will discuss noteworthy Supreme Court cases preceding Exxon Shipping Co. v. Baker at length, including BMW of North America, Inc. v. Gore, 5 as well as State Farm Mutual Automobile Insurance Co. v. Campbell. 6 This Note argues against the imposition of a strict one-to-one maximum ratio of punitiveto-compensatory damages. In light of the varying application of Exxon outside of the maritime context, such an imposition defeats the purpose of punitive damages by diluting their potential for deterrence, and it needlessly complicates the …
Pricing Lives For Corporate Risk Decisions, W. Kip Viscusi
Pricing Lives For Corporate Risk Decisions, W. Kip Viscusi
Vanderbilt Law Review
The 2014 GM ignition-switch recall highlighted the inadequacies of the company's safety culture and the shortcomings of regulatory sanctions. The company's inattention to systematic thinking about product safety can be traced to the hostile treatment of corporate risk analyses by the courts. This Article proposes that companies should place a greater value on lives at risk than they have in previous risk analyses and that they should receive legal protections for product risk analyses. Companies' valuations of fatality risks and regulatory penalties have priced lives too low. The guidance provided by the value of a statistical life, which is currently …
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
Georgia Journal of International & Comparative Law
No abstract provided.