Home -> Law Blog Directory -> Media & Entertainment Law Blogs -> BizMediaLaw Blog from Wahab, Riveles & Medenica LLC
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Media & Entertainment Law
: BizMediaLaw Blog from Wahab, Riveles & Medenica LLCPunished for Punitive Damages--Globalization Has Not Caught On In the Courtroom
One of the greatest difficulties facing us all is the enforcement of legal judgments in one nation against a party that resides in another nation. And as our products wind through the production pipeline and have their passports stamped now more than we do, this is a serious issue. More now than ever the incompatibilities between various national litigation frameworks merits attention.
The first stop in the headache express is the enforcement of punitive damages awarded by US courts against foreign manufacturers. Punitive damages, long a foundational concept in English and US law has no analogue in virtually any other part of the world. In short, when it comes to damages above and beyond what is necessary to make a plaintiff ?whole?, everyone else in the world uses metric as opposed to inches.
So where does that leave the US plaintiff? Answer: In a world of worthless paper, as foreign courts, short of expressing contempt for punitive damages can and often do simply refuse to enforce them in any capacity. The foreign courts that deign to try to understand their red, white, and blue neighbors, point to the history of the concept and its goal of deterrence against large scale interests. However, they then declare the logic to be counter to their jurisprudence.
The New York Times ran an interesting and detailed article on the new frontier of legal globalization. To those that have tort cases against foreign corps, take the article as a serious note of caution (the story of a woman who lost her son due to an Italian made helmet and then lost out on her punitive damage award is telling).
Full post as published by BizMediaLaw Blog from Wahab, Riveles & Medenica LLC on March 31, 2008 (boomark / email).
Bextra Injury Risks
Bextra Increases Risk of Fatal Heart Attack
Environment Law
alleging damages from violation of the law.
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Skilled Health Care Faces $670 Million in Damages over Nursing Home Violations
Ministry of Defense
$500,000 in damages in transgender humiliation suit.
The Ministry of Defense
$500,000 in damages in transgender humiliation suit.
TVA Coal Ash
Class Action Seeks $5 Million in Damages

SCT: Punitive Damages Unavailable Against Deceased Wrongdoer
Retributive Damages: A quick overview of American Punitive Damages Law
How Should Punitive Damages Work
Foreign Courts Wary of Punitive Damages
Cal Court of Appeal to US Supremes: Heres a Thumb In Your Eye







