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Exemplary damages

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Articles 61 - 89 of 89

Full-Text Articles in Law

Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer Jan 1994

Punitive Damages And Strict Products Liability: An Essay In Oxymoron, Ellen Wertheimer

Villanova Law Review

No abstract provided.


Liability Insurance Coverage For Punitive Damages - Discerning Answers To The Conundrum Created By Disputes Involving Conflicting Public Policies, Pragmatic Considerations And Political Actions, Alan I. Widiss Jan 1994

Liability Insurance Coverage For Punitive Damages - Discerning Answers To The Conundrum Created By Disputes Involving Conflicting Public Policies, Pragmatic Considerations And Political Actions, Alan I. Widiss

Villanova Law Review

No abstract provided.


Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron D. Twerski Jan 1994

Punitive Damages Awards In Product Liability Litigation: Strong Medicine Or Poison Pill - Introduction, Aaron D. Twerski

Villanova Law Review

No abstract provided.


A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen Jan 1994

A Punitive Damages Overview: Functions, Problems And Reform, David G. Owen

Villanova Law Review

No abstract provided.


Mass Torts And Punitive Damages: A Comment, Gary T. Schwartz Jan 1994

Mass Torts And Punitive Damages: A Comment, Gary T. Schwartz

Villanova Law Review

No abstract provided.


Multiple Punitive Damages Awards, Jerry J. Phillips Jan 1994

Multiple Punitive Damages Awards, Jerry J. Phillips

Villanova Law Review

No abstract provided.


The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson Jan 1993

The Texas Employer's Liability In Tort For Injuries To An Employee Occurring In The Course Of The Employment., David W. Robertson

St. Mary's Law Journal

The focus of this Article is tort suits by employees, or their families, based on personal injury or death occurring in the course and scope of the worker’s employment. If an injury does not occur in the course and scope of employment, the defendant’s status as employer becomes irrelevant; the lawsuit is a common-law tort action, and the defendant has all of the common-law defenses. In 1989 the Texas Legislature repealed the former workers’ compensation law and replaced it with the new Texas Workers’ Compensation Act. The new Act took effect on January 1, 1991. The essentially voluntary nature of …


Taxes And Torts , Joseph M. Dodge Sep 1992

Taxes And Torts , Joseph M. Dodge

Cornell Law Review

No abstract provided.


Federal Income Taxation Of Punitive Damages Awarded In Personal Injury Actions, Paul C. Feinberg Jan 1992

Federal Income Taxation Of Punitive Damages Awarded In Personal Injury Actions, Paul C. Feinberg

Case Western Reserve Law Review

No abstract provided.


Taxes And Torts , Joseph M. Dodge Jan 1992

Taxes And Torts , Joseph M. Dodge

Cornell Law Review

No abstract provided.


Todd Shipyards Corp. V. Cunard Line, Ltd.: Procedural Due Process And An Arbitrator's Punitive Damage Award, Michael W. Kier Jan 1992

Todd Shipyards Corp. V. Cunard Line, Ltd.: Procedural Due Process And An Arbitrator's Punitive Damage Award, Michael W. Kier

Case Western Reserve Law Review

No abstract provided.


Augmented Awards: The Efficient Evolution Of Punitive Damages, Thomas C. Galligan Jr. Sep 1990

Augmented Awards: The Efficient Evolution Of Punitive Damages, Thomas C. Galligan Jr.

Louisiana Law Review

No abstract provided.


Browning-Ferris Industries V. Kelco Disposal, Inc.: The Excessive Fines Clause And Punitive Damages, Donald S. Yarab Jan 1989

Browning-Ferris Industries V. Kelco Disposal, Inc.: The Excessive Fines Clause And Punitive Damages, Donald S. Yarab

Case Western Reserve Law Review

No abstract provided.


Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin Jan 1989

Punishment: The Civil Perspective Of Punitive Damages, Bailey Kuklin

Cleveland State Law Review

Punitive, or exemplary damages, have been recognized in the Anglo-American common law systems for two centuries. This Article explores the consequences of treating punitive damages as a private means of punishment. Light is shed on the controversies surrounding, first, the attempt to adopt a standard of punishment, private or public, and second, to apply such a standard. The concentration on punitive damages for this exploratory undertaking, instead of criminal sanctions, avoids the need to account for additional imputed public penal purposes, such as rehabilitation and isolation. As a preliminary matter, the emphasis of this Article should be made clear. The …


Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile Jan 1989

Constitutional Defenses Against Punitive Damages: Down But Not Out, Nicholas K. Kile

Indiana Law Journal

No abstract provided.


The Insurability Of Punitive Damages In Louisiana, C. Caldwell Herget Huckabay May 1988

The Insurability Of Punitive Damages In Louisiana, C. Caldwell Herget Huckabay

Louisiana Law Review

No abstract provided.


Oliver V. Raymark: Holding The Line On Punitive Damages, Brian M. English Jan 1988

Oliver V. Raymark: Holding The Line On Punitive Damages, Brian M. English

Notre Dame Law Review

No abstract provided.


Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages Jul 1987

Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages

Law and Contemporary Problems

No abstract provided.


Punitive Damages In California Arbitration After Baker V. Sadick: A Proposed Statutory Reform, Erin Parks Jan 1987

Punitive Damages In California Arbitration After Baker V. Sadick: A Proposed Statutory Reform, Erin Parks

Santa Clara Law Review

No abstract provided.


Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich Dec 1985

Punitive Damages In Arbitration: Garrity V. Lyle Stuart, Inc. Reconsidered, Thomas J. Stipanowich

Thomas J. Stipanowich

In this article, Professor Stipanowich discusses the evolution of arbitration as a wide-ranging “surrogate” for civil trial and the debate over arbitrators’ power to levy awards of punitive or exemplary damages. He exhaustively summarizes and analyzes relevant court decisions, policy and practical concerns.


Conflict Over Rico’S Private Treble Damages Action , Robert Taylor Hawkes Jun 1985

Conflict Over Rico’S Private Treble Damages Action , Robert Taylor Hawkes

Cornell Law Review

No abstract provided.


Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier Jan 1985

Erisa: Punitive Damages For Breach Of Fiduciary Duty, Deborah A. Geier

Case Western Reserve Law Review

No abstract provided.


Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen Jan 1984

Zen And The Art Of Exemplary Damages Assessment, Theodore Emens Cowen

Kentucky Law Journal

No abstract provided.


Punitive Damages In Maritime Personal Injuries: Dyer V. Merry Shipping Co., Charles Clifton St. Dizier Jan 1983

Punitive Damages In Maritime Personal Injuries: Dyer V. Merry Shipping Co., Charles Clifton St. Dizier

Louisiana Law Review

No abstract provided.


Municipal Liability For Exemplary Damages, David H. Hines Jan 1966

Municipal Liability For Exemplary Damages, David H. Hines

Cleveland State Law Review

Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.


Evidence Of Financial Worth And Apportionment Of Exemplary Damages - Lehman V. Spencer Ladd's, Inc. Jan 1966

Evidence Of Financial Worth And Apportionment Of Exemplary Damages - Lehman V. Spencer Ladd's, Inc.

Maryland Law Review

No abstract provided.


Staggering Punitive Damages Against Labor Unions, Thurlow Smoot Jan 1958

Staggering Punitive Damages Against Labor Unions, Thurlow Smoot

Cleveland State Law Review

The two U.S. Supreme Court decisions rendered in late May, 1958, involving labor unions, have received widespread publicity, have been the subject of much editorial and other comment, and have caused considerable consternation among labor unions and among some employers who see where they may be involved. Now upon analysis, are the rulings of great significance, worthy of the concern they have caused, portending something new in labor relations? The probability is that they are.


Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner Jan 1942

Exemplary Damages In Actions For Assault And Battery - Baltimore Transit Company V. Faulkner

Maryland Law Review

No abstract provided.


Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly May 1928

Damages-Apportionment Of Punitive Damages In An Action Against Agent And Corporation Jointly

Michigan Law Review

The recent South Carolina case of Johnson v. Atlantic Coast Line R. Co., presents, it is submitted, an undesirable extension of the rule announced in Goddard v. Grand Trunk R. Co. The latter decided that a corporation or principal is liable in punitive damages for a malicious act of its agent committed in the course of, or in connection with, his duties or employment. The prevailing opinion seems to be that the principal is liable (in exemplary damages) only when he has authorized, participated in, or ratified the act of the agent. or was negligent in the selection of …