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Punitive damages

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Institution
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Full-Text Articles in Legal Remedies

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.

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Class Actions For Punitive Damages, Michigan Law Review Aug 1983

Class Actions For Punitive Damages, Michigan Law Review

Michigan Law Review

This Note argues that a Rule 23 class action offers the best way to manage multiple actions for punitive damages. It begins by examining the policy underlying punitive damages and the plaintiffs interest in recovering them. It then explains why a limited fund is created when courts deny punitive damage recovery as a matter of law or when punitive claims exceed defendant's assets. The Note contends that a Rule 23(b)(l)(B) class action provides the best means to manage this limited fund and reviews the circumstances in which a district court may properly certify a class action for punitive damages. It …

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Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman Nov 1978

Punitive Surcharges Against Disloyal Fiduciaries--Is Rothko Right?, Richard V. Wellman

Michigan Law Review

This Article criticizes the award of a penalty surcharge in the name of appreciation damages. Contrary to the statements in the Rothko opinions, neither precedent nor treatises offers clear support for the shocking awards made against Rothko's disloyal executors. Furthermore, even if appreciation damages were to be viewed, against the thesis here advanced, as an appropriate remedy for some kinds of fiduciary breach, the measure is inappropriate for cases which, like Rothko, involve hidden conflicts of interest. This is so because the threat of severe penalties in hidden-conflict cases adds unacceptable legal costs to honest administrations-costs that cannot be …

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A Perspective On The Michigan Law Of Damages, John W. Reed Jan 1978

A Perspective On The Michigan Law Of Damages, John W. Reed

Book Chapters

So also the subject of damages. There are some general principles, but damages is not a coherent body of law. It is small wonder that no one is writing books about it and that law schools do not provide courses in it. The standard, most widely cited text is McCormick on Damages, yet that book was published in 1935. There is no more recent book of consequence bearing that title. Professor Dan Dobbs's 1973 volume entitled Remedies contains, as one part of the book, an excellent analysis of recent damages developments; but McCormick continues to be the benchmark. As a …

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Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner Apr 1977

Punitive Damages Under Section 102 Of The Labor-Management Reporting And Disclosure Act, S. Thomas Wienner

University of Michigan Journal of Law Reform

It is firmly established that in a suit brought under section 102, a union member may ordinarily recover compensatory damages for any injury proximately caused by a violation of Title I or section 609. The courts are divided, however, on the question of whether a plaintiff may be awarded punitive damages under section 102. This article will address that question by discussing the language and the legislative history of section 102, the conflicting decisions of the federal courts, and the relevant policy considerations.

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Punitive Damages In Products Liability Litigation, David G. Owen Jun 1976

Punitive Damages In Products Liability Litigation, David G. Owen

Michigan Law Review

This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …

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Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review Aug 1970

Securities Regulation--Damages--The Possibility Of Punitive Damages As A Remedy For A Violation Of Rule 10b-5, Michigan Law Review

Michigan Law Review

Several lower federal courts have recently been faced with this issue and have reached conflicting results in their attempts to resolve it. This Note will examine both the problems of statutory interpretation and the policy considerations that are involved in deciding whether punitive damages should be awarded in civil actions based on violations of rule I0b-5.

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Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte Jan 1966

Damages For Injury To Feelings In Malicious Prosecution And Abuse Of Process, A. M. Witte

Cleveland State Law Review

The burden of this paper is the extent to which a plaintiff in a malicious prosecution action will be permitted to recover damages for the injury he has suffered to his feelings. Simply stated, there is no serious legal question presented by this broad topic. In a malicious prosecution action based on criminal proceedings the plaintiff may recover damages for his mental suffering (and for the harm to his reputation) and the great majority of jurisdictions permit these damages to be recovered without special pleading or proof-i.e., these elements are considered to be general damages.

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Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz Jan 1966

Payment Of Punitive Damages By Insurance Companies, Martin G. Lentz

Cleveland State Law Review

The logic and validity of the public policy argument that to require insurance companies to pay punitive damages would place a burden upon the innocent insurance carrier, and ultimately the public itself, is weak and indefensible. The concern for not wanting to punish the insurance carrier, an innocent party, is not logical since any insurance company is an innocent party. The involvement is based on the contractual relationship of indemnification. If an insurance company does not wish to indemnify for punitive damages, then it should specifically exclude such coverage in the policy. In the absence of such a specific exclusion, …

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Equity--1959 Tennessee Survey, T. A. Smedley Oct 1959

Equity--1959 Tennessee Survey, T. A. Smedley

Vanderbilt Law Review

The amazing versatility of the chancery courts in Tennessee has been demonstrated again in two decisions handed down during the past year; but on the other hand, two cases decided in this interval disclosed evidence of the regrettable "decadence of equity" which Dean Pound deplored more than half a century ago.' In most of the other decisions which may be classified under the ambiguous heading of "Equity," only normal application of established principles to routine situations seems to have been involved.

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