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Articles 1 - 30 of 89
Full-Text Articles in Law
Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin
Lagniappe Liability: Limiting Employer's Vicarious Liability For Punitive Damages In Louisiana, Thomas C. Naquin
Louisiana Law Review
The article discusses the issue of vicarious liability for punitive damages in Louisiana, particularly the liability of employers for compensatory damages and punitive damages caused by tortfeasors under their employment.
The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners, Maria Veronica Saladino
The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners, Maria Veronica Saladino
The International Lawyer
This article’s objective is to introduce U.S.-based practitioners to European civil-law perspectives on whether U.S. punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions — France, Germany, Italy, Spain, and Switzerland — have dealt with the enforcement of U.S. punitive damages awards. Through each jurisdiction’s policy principles and relevant law, this article aims to afford U.S.-based practitioners initial tips and litigation strategies about how to maximize their chances of enforcing …
Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel
Doing Aweigh With Uncertainty: Navigating Jones Act Seamen’Sclaims Against Third Parties, Sara B. Kuebel
Louisiana Law Review
The article focuses on Jones Act as per which seaman may recover punitive damages from a third-party non-employer and law should afford seamen and non-seafarers the same protections under general maritime law against non-employer and protecting seamen as the wards of admiralty.
Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer
Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer
Ellen Wertheimer
No abstract provided.
An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
An Exploration Of “Non-Economic” Damages In Civil Jury Awards, Herbert M. Kritzer, Guangya Liu, Neil Vidmar
Faculty Scholarship
Using three primary data sources plus three supplemental sources discussed in an appendix, this paper examines how well non-economic damages could be predicted by economic damages and at how the ratio of non-economic damages to economic damages changed as the magnitude of the economic damages awarded by juries increased. We found a mixture of consistent and inconsistent patterns across our various datasets. One fairly consistent pattern was the tendency for the ratio of non-economic to economic damages to decline as the amount of economic damages increased. Moreover, the variability of the ratio also tended to decline as the amount of …
Punitive Damages, Chinese Tort Law, And The American Experience, Vincent R. Johnson
Punitive Damages, Chinese Tort Law, And The American Experience, Vincent R. Johnson
Faculty Articles
In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.” As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more …
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
Instrumental And Noninstrumental Theories Of Tort Law, Richard A. Posner
Indiana Law Journal
American Association of Law Schools Torts & Compensation Systems Panel
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
Doug Rendleman
None available.
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 …
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
Doug Rendleman
None available.
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.
Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David Robertson
Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David Robertson
Dr David Robertson
No abstract provided.
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
State Limits: Can One State Rule The Country? One State Awarding Punitive Damages For Nationwide Conduct, Heather Burgess
Pepperdine Law Review
No abstract provided.
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky
The Confirmation Of Punitive Awards In Arbitration: Did Due Process Disappear?, Stuart M. Boyarsky
Pepperdine Dispute Resolution Law Journal
Part I of this article provides a brief overview of the reasoning behind the limited judicial review of an arbitral award. Part II describes the state action doctrine and explains how several courts have used the doctrine in order to apply due process protection to proceedings involving private actors. In particular, this section discusses several significant decisions that involve the issue of whether a court's confirmation of an arbitrator's award of punitive damages creates state action and requires the application of constitutional protections such as due process. This Note concludes that due to a leading decision by the Eleventh Circuit, …
The Roberts Court & The Business Cases, Kenneth W. Starr
The Roberts Court & The Business Cases, Kenneth W. Starr
Pepperdine Law Review
No abstract provided.
Death At Sea: A Sad Tale Of Disaster, Injustice, And Unnecessary Risk, Thomas C. Galligan Jr.
Death At Sea: A Sad Tale Of Disaster, Injustice, And Unnecessary Risk, Thomas C. Galligan Jr.
Louisiana Law Review
No abstract provided.
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Pushing For The Injury: Tort Law's Influence In Defining The Constitutional Limitations On Punitive Damage Awards, Jill Wieber Lens
Hofstra Law Review
The limitations on a punitive damage award depend on the conception of punitive damages. Is it a private law remedy, limited to resolving the dispute between the parties? Or is it a public law remedy, capable of addressing public harm and achieving public good? The Supreme Court has not wavered from public law ideas of punitive damages - that the damages serve the state’s interests and are similar to criminal punishments. At the same time, the Court has focused on the actual injury to the plaintiff in its holdings and prohibited punitive damages from punishing harm to nonparties, indicating that …
Punitive Damages And Class Actions, Francis E. Mcgovern
Punitive Damages And Class Actions, Francis E. Mcgovern
Louisiana Law Review
No abstract provided.
Punitive Damages, Forum Shopping, And The Conflict Of Laws, Patrick J. Borchers
Punitive Damages, Forum Shopping, And The Conflict Of Laws, Patrick J. Borchers
Louisiana Law Review
No abstract provided.
Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David W. Robertson
Punitive Damages In U.S. Maritime Law: Miles, Baker, And Townsend, David W. Robertson
Louisiana Law Review
No abstract provided.
Foreword: Punitive Damages Today And Tomorrow, Thomas C. Galligan Jr.
Foreword: Punitive Damages Today And Tomorrow, Thomas C. Galligan Jr.
Louisiana Law Review
No abstract provided.
Vicarious Liability For Punitive Damages, Michael F. Sturley
Vicarious Liability For Punitive Damages, Michael F. Sturley
Louisiana Law Review
No abstract provided.
Punitive Damages And Class Actions, Francis Mcgovern
Punitive Damages And Class Actions, Francis Mcgovern
Faculty Scholarship
The union of punitive damages and class actions can be aptly described with Samuel Johnson’s famous quotation regarding marriage: “The triumph of hope over experience.” By most conventional wisdom, there is little future for plaintiffs or defendants who desire to resolve punitive damages claims globally using the procedural vehicle of a class action. From a conceptual perspective, however, there are circumstances under which the union could function. This Article explores those possibilities, not in the spirit of normative support, but in the spirit of exploring theories that may have some prospective vitality. Notwithstanding the chilly reception that punitive damages class …
Of Punitive Damages, Tax Deductions, And Tax-Aware Juries: A Response To Polsky And Markel, Lawrence A. Zelenak
Of Punitive Damages, Tax Deductions, And Tax-Aware Juries: A Response To Polsky And Markel, Lawrence A. Zelenak
Faculty Scholarship
In “Taxing Punitive Damages,” Gregg D. Polsky and Dan Markel argue that defendants paying punitive damages are under-punished relative to juries’ intentions, because tax-unaware juries do not take into account the fact that the deductibility of punitive damages significantly reduces defendants’ after-tax costs. They note that the Obama administration has proposed addressing the under-punishment problem by amending the Internal Revenue Code to disallow deductions for punitive damages (and for settlements paid on account of punitive damage claims). They conclude, however, that the proposal would be ineffective because defendants could avoid its impact by disguising nondeductible punitive damage settlements as deductible …
The Frequency, Predictability, And Proportionality Of Jury Awards Of Punitive Damages In State Courts In 2005: A New Audit, Neil Vidmar, Mirya Holman
The Frequency, Predictability, And Proportionality Of Jury Awards Of Punitive Damages In State Courts In 2005: A New Audit, Neil Vidmar, Mirya Holman
Faculty Scholarship
The state of punitive damages in the United States has been a controversial topic for more than three decades, resulting in litigation reaching the U.S. Supreme Court and state supreme courts. Various business advocacy groups have sought to drastically curb or eliminate punitive damages while plaintiffs’ lawyers and consumer groups vigorously defend the use of punitive damages. State legislatures have responded with many substantive and procedural reforms over the years. Yet, in Exxon Shipping Co. v. Baker, the United States Supreme Court, while approvingly citing empirical evidence indicating that there are “not mass-produced runaway awards” and that “by most accounts …
Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi
Punitive Damages By Numbers: Exxon Shipping Co. V. Baker, Joni Hersch, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
The U.S. Supreme Court decision in Exxon Shipping Co. v. Baker is a landmark that establishes an upper bound ratio of punitive damages to compensatory damages of 1:1 for maritime cases, with potential implications for other types of cases as well. This article critiques the Court’s reliance on the median ratio of punitive to compensatory damages in samples of verdicts to set an upper bound for punitive damages awards. Our critique of the approach draws on the properties of statistical distributions and a new analysis of cases with punitive damages awards. The Court’s conclusion that a 1:1 ratio establishes a …
The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher
The Exxon Valdez Case And Regularizing Punishment, Jeffrey L. Fisher
Alaska Law Review
No abstract provided.
Oil Over Troubled Waters: Exxon Shipping Co. V. Baker And The Supreme Court's Determination Of Punitive Damages In Maritime Law, Tanya Paula De Sousa
Oil Over Troubled Waters: Exxon Shipping Co. V. Baker And The Supreme Court's Determination Of Punitive Damages In Maritime Law, Tanya Paula De Sousa
Villanova Environmental Law Journal
No abstract provided.
Punitive Damages - A European Perspective, Helmut Koziol
Punitive Damages - A European Perspective, Helmut Koziol
Louisiana Law Review
No abstract provided.
Punishment By The People: Rethinking The Jury’S Political Role In Assigning Punitive Damages, Nathan Seth Chapman
Punishment By The People: Rethinking The Jury’S Political Role In Assigning Punitive Damages, Nathan Seth Chapman
Duke Law Journal
No abstract provided.