Free US Law Dictionary
BETA
Punitive Damages
Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. The court may impose them to prevent under-compensation of plaintiffs, to allow redress for undetectable torts and taking some strain away from the criminal justice system.[1] However, punitive damages awarded under court system that recognize them, may be difficult to enforce in jursidictions that do not recgonize them. Punitive damages awarded to one party in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public[2]
Because they usually compensate the plaintiff in excess of the plaintiff's provable injuries, punitive damages are awarded only in special cases, usually under tort law, where the defendant's conduct was egregiously insidious. Punitive damages cannot generally be awarded in contract disputes.
Can You Get Punitive Damages When You Are Hurt In A Car Accident or Semi Truck Wreck Under Georgia Law? What Are Punitive Damages Anyway?
I just returned from court in a case in which we are seeking punitive damages. I get asked to explain the concept of punitive damages quite a bit...
Just Because I Asked for Punitive Damages Doesn't Mean I Wanted Punitive Damages
Feldman v. Standard Fire Ins. Co., 2008 WL 2074431 (E.D. Ark.)
Joe Feldman decided to sue Standard Fire Insurance Company because it concealed the availability of lower priced policies that provided identical coverage...
SCOTUS Reduces Exxon Oil Spill Punitive Damages to Match Compensatory Damages
Article on cnn.com -- High court reduces Exxon oil spill damages. Here's an excerpt: The Supreme Court has reduced a $2.5 billion punitive damages award against energy giant Exxon for its role in an infamous 1989 maritime oil spill...
U.S. Supreme Court Rules that Punitive Damages Must Equal Compensatory Damages in Federal Maritime Law
By: April Rolen-OgdenExxon Shipping Co., et al. v. Baker, et al. involved a class action that was filed by commercial fisherman and native Alaskans against Exxon and its tanker captain for economic losses suffered as a result of the now infamous Exxon Valdez oil spill that occurred in 1989...
Personal Injury Money Damages Recovered are Not Taxable by IRS - Whether by Verdict, Settlement, or Judgment - Unless Punitive Damages
April 15th is rapidly approaching, meaning it is time to pay up to Uncle Sam. As a St Louis Missouri personal injury attorney I very rarely delve into tax law and issues, I save that for the lawyers who spend most of their lives in a library and behind their desks...
Retributive Damages: A quick overview of American Punitive Damages Law
Yesterday I posted the introduction to Retributive Damages. Today I provide some background on the law of American punitive damages and tomorrow I do a quick survey of recent normative scholarship on punitive damages...
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
The renters that i have took my furnace out of rental house, riped all the wall paper off the walls, broke the windows busted the door off its hinges, plus broke the leaded glass out of the door, door is just leaning aga
You may be able to file a vandalism or destruction of private property complaint...
Our landlord just put our rental on sale. We have been excellent tenants and have never had issues with rent payments. We do not want realtors bringing clients into our home when we are not present. Recieved a letter fro
Landlords have a right under law to enter dwellings during normal daylight hours...
Can i be sued for propery damage on a motorcycle if its been in my possesion for more than 3 yrs, but still belongs to someone else?
Yes. What would your defense be to having willingly destroyed the propery of ano...
Victim forced to pay criminal $5,000.00 Why will no Attorney challange AAA?
Money, Power And Greed over Truth and Justice...
#1 Online Legal Resource
How to evict a roommate?
First, in most jurisdictions "self-help" is not a remedy available to any party ...
The renters that i have took my furnace out of rental house, riped all the wall paper off the walls, broke the windows busted the door off its hinges, plus broke the leaded glass out of the door, door is just leaning aga
You may be able to file a vandalism or destruction of private property complaint...
Our landlord just put our rental on sale. We have been excellent tenants and have never had issues with rent payments. We do not want realtors bringing clients into our home when we are not present. Recieved a letter fro
Landlords have a right under law to enter dwellings during normal daylight hours...
Can i be sued for propery damage on a motorcycle if its been in my possesion for more than 3 yrs, but still belongs to someone else?
Yes. What would your defense be to having willingly destroyed the propery of ano...
Victim forced to pay criminal $5,000.00 Why will no Attorney challange AAA?
Money, Power And Greed over Truth and Justice...
 |
|
Contact Us | About Us | Celebrity Law Blog |
Our Partners | Disclaimer
| Law Blog Directory
| Law Jobs
| Law Tweets
| GoDaddy Hosting
All original material © 1999-2009 by USLaw.com. |