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Full-Text Articles in Law
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
The Future Of Classwide Punitive Damages, Catherine M. Sharkey
University of Michigan Journal of Law Reform
Conventional wisdom holds that the punitive damages class action is susceptiblenot only to doctrinal restraints imposed on class actions but also to constitutionaldue process limitations placed on punitive damages. Thus, it would seem that theprospects for punitive damages classes are even grimmer than for class actionsgenerally.This conventional picture misunderstands the role of punitive damages and, inparticular, the relationship between class actions and punitive damages. It eitherignores or underestimates the distinctly societal element of punitive damages, whichmakes them especially conducive to aggregate treatment. Furthermore, punitivedamages classes offer a solution to the constitutional due process problem of juriesawarding "classwide" damages in a …
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.
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Uncle Sam And The Partitioning Punitive Problem: A Federal Split-Recovery Statute Or A Federal Tax?, Skyler M. Sanders
Pepperdine Law Review
It is no secret that the doctrine of punitive damages has had a storied past in American jurisprudence, yet it has remained an integral part of both federal and state courts throughout the country. Most, if not all, attempts to restrict punitive damage awards have failed due to the over-inclusive or under-inclusive nature of the remedial measures; however, split-recovery statutes—another punitive damage regulatory tool—have been touted as striking a proper balance between limiting plaintiff windfalls while still punishing and deterring defendants. Even so, such statutes have been meet with vigorous constitutional criticism and fail to curtail punitive damage awards for …
Constitutional Limitations On Punitive Damages: Ambiguous Effects And Inconsistent Justifications, Benjamin J. Mcmichael
Constitutional Limitations On Punitive Damages: Ambiguous Effects And Inconsistent Justifications, Benjamin J. Mcmichael
Vanderbilt Law Review
Punitive damages occupy a special place in the U.S. legal system. Courts award them in very few cases, yet they have been the center of tort reform efforts because of their controversial nature.' This controversy centers around the purposes for which punitive damages are awarded-to punish reprehensible conduct and to deter future bad acts. While compensatory damages exist to redress specific harms and to compensate a victim for a particular harm suffered, punitive damages exist to further the much broader social goals of retribution and deterrence.
Because punitive damages must be calibrated to achieve these broad social goals, they necessarily …
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Punitive Damages In Product Liability Cases , Mark P. Robinson Jr., Gerald H.B. Kane Jr.
Pepperdine Law Review
No abstract provided.
Punitive Damages And The Drunken Driver, William C. Cooper
Punitive Damages And The Drunken Driver, William C. Cooper
Pepperdine Law Review
A discussion of the history and theory of punitive damages which results in advocating their application in a drunk driving context after giving due consideration to the pros and cons of such a sanction. An analysis of case law will reveal the underlying rationale that has motivated certain jurisdictions in applying this severe penal approach in an attempt to deter and curtail the senseless destruction on our nation's highways as well as exploring the impetus behind those other jurisdictions that do not utilize the remedy of punitive damages. The culminating focus is on California's position in this regard. Finally, there …
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?, Mark Kunkler
The Manville Corporation Bankruptcy: An Abuse Of The Judicial Process?, Mark Kunkler
Pepperdine Law Review
Federal bankruptcy law offers a refuge to the honest debtor who is unable to pay his creditor's when his debts are due. Here, the twin aims of bankruptcy law, to give the debtor a fresh start and to provide roughly equal treatment for his! Creditors, are laudably accomplished. But what policies support the use of federal bankruptcy law when the "debtor" is in fact solvent and apparently seeks refuge only to escape liability for the products it manufactures? This comment examines the recent filing of the Manville Corporation for Chapter 11 protection under bankruptcy law with this question in mind.
Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.
Constitutional Restraints On The Doctrine Of Punitive Damages, Theodore B. Olson, Theodore J. Boutrous Jr.
Pepperdine Law Review
No abstract provided.
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Sneering At The Law: An Argument For Punitive Damages In Copyright, R. Collins Kilgore
Vanderbilt Journal of Entertainment & Technology Law
The Copyright Act limits statutory damages in a copyright action to one award for every work that a plaintiff can prove a defendant infringed. The maximum amount a plaintiff may recover for each work is $30,000, except in the case of willful infringement, for which that amount may be increased to a maximum of $150,000. This Note explains how this dual limitation in the Copyright Act--the one-award-per-work limitation and the cap on statutory damage amounts--allows infringers to manipulate court procedures and corporate structure so that their acts of copyright infringement may maintain profitability despite the imposition of maximum statutory damages. …
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 …