The lack of a ruling on the specific interplay between the standards for recklessness and punitive damages has created a situation where courts are allowing punitive damages to be charged in cases on what is essentially a gross negligence standard. PUNITIVE DAMAGES: WHAT DO I NEED TO DO, WHEN AND HOW DO I PROVE IT. See Drabczyk v. Fisher Controls, 92 A.D.3d 1259, 938 N.Y.S.2d 715 (4th Dep’t 2012). The standard for an award of punitive damages is that a defendant manifest evil or malicious conduct beyond any breach of professional duty.” See Dupree v. Giugliano, 20 N.Y.3d 921, 924 (2012). So, they are damages that go beyond what is necessary to make the plaintiff or injured party whole. This is one area where Virginia favors plaintiffs as many states require proof of punitive damages by clear and convincing evidence. One way to accomplish this task, is to refer the jury back to the law. For example, if the defendant has a net worth of $10 billion, that should be contrasted with an individual with a net worth of $50,000 for the jury. These days, his cloud-based practice focuses on protecting disruptive technologies and concepts – especially veteran-owned businesses – as they change the world for the better, while allowing him to balance the needs of his family life as well. Unlike punitive damages, which are intended to punish the person for intentionally committing a wrongful act, compensatory damages are intended to put you back in relatively the same position as you were before you suffered the injury or damage to your property. It is important that the jury understand that the purpose of punitive damages is to protect the public, which includes the members of the jury. See, e.g., Leighton v. Lowenberg, 103 A.D.3d 530, 960 N.Y.S.2d 87 (1st Dep’t 2013). 2711, 2721, 2722, 125 L.Ed.2d 366) (emphasis added). Yet, the same five percent award of the defendant’s $10 billion net worth amounts to $500 million. The starting point is to make sure you explain the purpose of punitive damages. Punitive damages are not meant to give you back something you lost due to the accident. 1. Obtaining a favorable verdict that includes punitive damages is no easy task. The value of punitive damages  Several states have no caps on punitive damages, which mean that judges can award for as much as they appropriate for the situation. They are awarded by a … You will find more information on our Cookie Policy here. There, the First Department upheld a grant of partial summary judgment on the issue of punitive damages in a dental malpractice claim because the claims made did not rise above an ordinary malpractice claim. Courts may award punitive damages to punish and deter the defendant’s wrongful conduct. Similar to the purpose of punitive damages serving as a warning, the jury must also realize that punitive damages should act as a deterrent against future misconduct. An act is wanton and reckless when it demonstrates conscious indifference and utter disregard of its effect upon the health, safety and rights of others.” See id. On the other hand, the Fourth Department merely requires a preponderance of the evidence before a punitive finding can be made. Generally a plaintiff must prove actual malice to be awarded punitive damages. The New York Pattern Jury Instruction on punitive damages states that a jury must find defendant’s conduct to be wanton or malicious, bordering on criminal, before finding punitive damages. The difference has led to confusion regarding the heightened standard for punitive damages. 2007). It is your job as the trial lawyer to motivate the jury to “send a message”, not just to the defendant in your case, but also to the defendant’s industry as a whole. In Drabczyk, the Fourth Department upheld the trial court decision to charge punitive damages, but overturned the jury finding based on insufficient evidence to make that finding. Again, one way to accomplish this is to refer back to the jury instructions, such as the following: “In addition to actual or compensatory damages which you have already awarded, the law authorizes the jury to make an award of punitive damages in order to punish the wrongdoer for its misconduct or to serve as an example or warning to others not to engage in such conduct.” (TXO Production Corp. v. Alliance Resources Corp. (1993) 509 U.S. 443, 459, 463, 113 S.Ct. Fink v. Group (1978) 21 Cal.3d 910, 928, fn 13) (emphasis added). 1.) Punitive damages is designed to “punish and deter” a bad actor Defendant. punitive damages: Monetary compensation awarded to an injured party that goes beyond that which is necessary to compensate the individual for losses and that is intended to punish the wrongdoer. The last time the Court of Appeals issued a decision with respect to punitive damages was to overturn a finding in Marinaccio v. Town of Clarence, 20 N.Y.3d 506, 986 N.E.2d 903 (2013). The public’s goal is to punish wrongdoing, and thereby protect itself from future misconduct, either by the same defendant or other potential wrongdoers. Fax: (310) 246-0380, © Shernoff Bidart Echeverria LLP is a Limited Liability Partnership Information on this site is not intended as, nor is legal advice or the establishment of an attorney-client relationship. The safest way for litigants to attempt to control risks associated with trying such cases now is through pretrial motion practice, either at the summary judgment or in limine stage, to eliminate the punitive damage claim. Punitive damages are rarely awarded in residential tenancy disputes, but Wilderdijk-Streutker v Zhao is one of those rare cases. Because the Court of Appeals did not believe Westinghouse had acted recklessly, it did not address the issue of whether the standard for finding recklessness and punitive damages was the same. | In the case of tort liability, courts may choose to apply punitive damages. FisherBroyles, LLP. They are the legal system's method of discouraging future bad behavior by making it financially harmful to the defendant. California Resident?YesNo It is important that the jury understand that the purpose of punitive damages is to protect the public, which includes the members of the jury. Punitive Damages Serve As An Example or Warning. To prevent this argument in the first place, a jury instruction such as the following may be given: “The [insurance company defendant] must pay any punitive damage award from its assets or profits and cannot pass any punitive damage award on to its members in the form of increased premiums or charges” (Evidence Code §352; Accounting Statement 84-1, November 26, 1984, State of California Department of Insurance; Health and Safety Code §1342.5). Under New York law, punitive damages are not distinct claims, but rather are a remedy. Despite the clear language indicating that the level of conduct required for a finding of punitive damages is near that of criminality, juries are sometimes given the issue in cases involving far lesser conduct. Punitive damages are not intended to compensate a plaintiff for his or her losses. The jury can do this by setting an example of the defendant. Naturally, determining what amount will cause the appropriate “discomfort” will depend on the financial condition of the defendant. It is important that the jury understand that they have the power to send a warning to the defendant’s industry that misconduct will not be tolerated by the public. View Our Terms of Use - Privacy Policy. Punitive damages are not awarded in every civil case and some states have strict rules and limitations on when punitive damages will be allowed. Compensatory damages are one of the most common types of damages awarded if you win a personal injury or property damage lawsuit. Beverly Hills, CA 90210, Phone: (310) 246-0503 In order to dispose of punitive damages as an issue in advance of trial, a defendant should explore the possibility of motion practice. David B. Saxe (Ret.) Toll Free: (800) 458-3386 Each of these heightened standards makes it more difficult to prove a claim for punitive damages than it is to prove a claim for compensatory damages. We use cookies on our website to enhance your browsing experience. It further states “[a]n act is malicious when it is done deliberately with knowledge of the plaintiff's rights, and with the intent to interfere with those rights. As such, under the Federal Rules of Civil Procedure, punitive damages may not be susceptible of a motion for partial summary judgment in order to create a clear record with respect to potential settlement rationale, or to lift that threat before trial. Fish & Richardson. It will also alleviate any concerns the jury may have about the impact their award will have on future premiums. Case results depicted are not a prediction or guarantee of potential case outcomes. Please indicate that you consent to our use of cookies in accordance with our policy, or you may opt to browse without cookies. Steps. Conduct your initial search. Punitive damages are rarely awarded in cases in New Jersey, as they require that the defendant’s actions were outstandingly bad. B. This includes the members of the jury themselves, their children, your client, you, the judge, etc. Ultimately, the jury should understand that their punitive verdict will protect not just an individual or some special interest group, but rather, will protect everyone from future abuses. However, they do not make securing punitive damages impossible, and there are certain clearly-recognized forms of conduct that will justify claims for punitive damages. Justin Nahama Answer and Explanation: The laws for punitive damages differ considerably from one country to another, even from state to state. Justin Nahama, partner with FisherBroyles, is a former Marine JAG and federal prosecutor who built a thriving practice as a young partner at two of the biggest law firms in the country. Punitive damages are designed to punish a defendant and deter bad conduct. Regardless of how the motion is styled, it is imperative that defendants facing potential punitive liability act at the earliest possible moment to remove that threat during litigation. Another effective jury instruction to establish this point is the following: These jury instructions convey credibility to your argument on the amount of punitive damages the jury should award. Part 1 of 3: Hiring an Attorney 1. See In re Methyl Tertiary Butyl Ether ("MTBE'') Products Liability Litigation, 517 F.Supp.2d 662 (S.D.N.Y. In state court, a motion for partial summary judgment on the issue of punitive damages may be available. Litten, 256 Va. 573 (1998) (approving jury instruction using that standard for punitive damag- es). This website is an attorney advertisement. Give the jury examples of warnings they see everyday: if a swimming pool is too shallow, it should have a warning; if a product is dangerous, it should have a warning, if a floor is slippery, it should have a warning, etc. To recover an award of punitive damages, it should be enough to show the defendant is a menace to society, who thought nothing of robbing, stealing, and pillaging to make a profit no matter who got hurt. When faced with a defendant with a large net worth, comparisons between a wrongdoing individual, and the corporate defendant should be made. 600 S. Indian Hill Blvd It is not enough to simply prove negligence. To obtain punitive damages, the victim must be able to prove the at-fault party acted in a manner that it knew was likely to cause another injury. Without clearer guidelines from the appellate courts as to what constitutes sufficient grounds for charging punitive damages, a trial judge’s authority to charge punitive damages in mass tort cases remains unclear. [email protected], © 2020 Law Business Media | Terms | Privacy | Login, Consumer Finance Protection Bureau (CFPB), Federal Energy Regulatory Commission (FERC), General Data Protection Regulation (GDPR). The Maltese court stated that recklessness was akin to a “gross negligence standard, requiring that ‘the actor has intentionally done an act of an unreasonable character in disregard of a known or obvious risk that was so great as to make it highly probable that harm would follow’ and has done so with conscious indifference to the outcome [citations omitted].” See Maltese at 596-7. ), neutral with NAM (National Arbitration and Mediation), discusses the ways that his experience as a judge and a lawyer inform his ability as a neutral; the advantages of alternative dispute resolution versus litigation; and the role of mediation and arbitration during the pandemic and beyond. Compensatory damages and punitive damages are recoverable in personal injury cases when the injured party proves that the wrongdoer’s conduct caused his or her injuries and the wrongdoer’s misconduct was intentional or grossly negligent. Until there is a resolution of the issue undecided by the Maltese court, however, the discretion of trial judges to charge punitive damages remains unclear. Finally, in an insurance bad faith case, defense counsel will undoubtedly attempt to avoid or minimize the punitive damage award by arguing that a large punitive damage award will result in higher premiums or health care costs for everyone. Type of Insurance Case: LifeHealthAutoN/A, Shernoff Bidart Echeverria LLP is a Limited Liability Partnership. Riqui Bonilla See Randi A.J. Claremont, CA 91711, Phone: (909) 621-4935 Punitive damages are legal recompense that a defendant found guilty of committing a wrong or offense is ordered to pay on top of compensatory damages. 2013). Punitive damages are also meant to set an example that deters the at-fault party or others from acting in a similar manner again. In Drabczyk, the uncontroverted testimony established that the current testing of the purportedly harmful product demonstrated that it did not violate the regulations in place at the time of the purported exposure. In order to dispose of punitive damages as an issue in advance of trial, a defendant should explore the possibility of motion practice. The Honorable David B. Saxe (Ret. NAM (National Arbitration and Mediation). Call us at 800-458-3386 to arrange a free consultation about your legal concern, or return the e-mail form below and we will get in touch with you. The punitive damages that the jury awards will not only send a message to the defendant on how it should do business in the future, but it will also serve as an example or a warning to other competing companies that the public will not tolerate such misconduct. The Court of Appeals went on to affirm the First Department holding that the jury finding of recklessness was properly set aside on post-trial motion. In determining the amount of punitive damages to be awarded, you are not to give any consideration as to how the punitive damages will be distributed.” (Adams v. Murakami (1991) 54 Cal.3d 105, 110; Neal v. Farmers Ins. Thus, in the punitive phase, portray your role as being one of a public servant. Toll Free: (800) 458-3386 In determining that punitive damages were improperly charged in a medical malpractice action, the Court of Appeals stated that "punitive damages were improperly charged as a matter of law. Many Insurance Policies Exclude Punitive Damages. In Fink v. R&L Transfer, Inc., the ARB affirmed the ALJ’s award of $100,000 in compensatory damages and $50,000 in punitive damages to a truck driver who was terminated for refusing to drive in unsafe winter weather. An instruction such as this should preclude, or at least diffuse, any argument by the defense that the punitive award will result in higher premiums for all. Depending on whether a defendant is in a state or federal venue, it should be prepared to file the proper motion in order to take the threat of punitive damages out of the equation prior to resolution of a case through either settlement or trial. purposes of punitive damages are to punish a wrongdoer for the conduct that harmed the plaintiff and to discourage similar conduct in the future. In addition, punitive damages can only be awarded if you prove the wrongdoer acted recklessly, knowingly, maliciously or intentionally. We therefore conclude that, because the jury found that defendant acted with reckless disregard for decedent's safety, the court did not abuse its discretion by charging the jury on the issue of punitive damages.” See Drabczyk at 1260. The court may award you “damages,” which will be paid by the other side, if you can prove that you were harmed and the other party caused it. To seek punitive damages, you typically must prove that the defendant intended to harm you, or with complete disregard of the possibility that you might suffer injury or loss. Hopefully, this article provides some insights that you can use during closing argument in the punitive damage phase. § 1D-5. Decisions describing the potential for punitive damages in cases where intentional conduct has not been established have, at times, moved from a discussion of “reckless and wanton” conduct to “reckless or wanton” conduct. Punitive damages, or exemplary damages, are awarded to a plaintiff in addition to compensatory damages as a way to punish the defendant for a purposeful or especially negligent action. Punitive Damages Punish & Deter Punitive damages are typically available when the plaintiff can show the defendant made the defamatory statement with "actual malice." An experienced New Jersey personal injury lawyer will be able to review the details of your case and advise if your case meets the requirements for obtaining punitive damages. On the other hand, some courts are unwilling to consider such a motion. 301 N. Canon Drive #200 One way to accomplish this task, is to refer the jury back to the law. Riqui Bonilla and Nitika Gupta Fiorella of Fish & Richardson discuss the firm's Next Gen initiative and what seasoned attorneys and clients can do to further the success of developing trial lawyers. Fax: (909) 625-6915, Shernoff Bidart Echeverria LLP Again, the jury’s verdict should not only deter future wrongdoing by the defendant, but also by the defendant’s industry as a whole. Punitive damage law is complex, but the award-winning attorneys at The Law Offices of John Day, P.C. Compensatory damages are difficult to obtain because most damages (non physical ones) are hard to prove, such as depression or worsening of your mental conditions. Actual malice means the defendant intended to harm the plaintiff or at least acted with reckless disregard as to whether plaintiff would suffer harm from the false statement. See Messner v. Medtronic, Inc., 39 Misc.3d 1213(A), (N.Y. Sup. P: 844 889-8822 The judge in Messner refused to consider a motion for partial summary judgment on punitive damages, stating “In New York punitive damages may not be considered until there is a finding of compensatory damages. They are meant to punish the defendant for conduct that was especially outrageous. The First and Second Departments both require clear and convincing evidence before a finding of punitive damages can be made. Nitika Gupta Fiorella, The takeaway from the Fourth Department decision is that a trial court may operate within its discretion to charge punitive damages where a defendant is following governmental safety regulations in place to avoid the very harm at issue. See, e.g., Leighton v. Lowenberg, 103 A.D.3d 530, 960 N.Y.S.2d 87 (1st Dep’t 2013). | As discussed below, the use of the word “reckless” in the New York Pattern Jury Instructions and certain cases creates a significant problem for defendants when the issue of whether to charge the jury on punitive damages is argued. The thinking is that the defendant needs to be punished in addition to the damages he or she pays as compensatory damages. C. The Deterrent Effect of Punitive Damages. Just as these warning must be prominently displayed to have any impact in the examples given, so too should the jury’s punitive verdict be substantial enough to be prominently displayed to the defendant’s industry. The award should bear some relationship to actual damages and can … Generally, punitive damages can be awarded in an amount up to the greater of $500,000.00 or three times the amount of compensatory damages. Unlike most compensatory damages for civil suits, the purpose of punitive damages is not to make the plaintiff whole, but to punish the defendant. For example, if an employee was awarded $10,000 in wage loss, $40,000 in general damages, and $250,000 in punitive damages, the “ratio” would be 5:1, as the punitive damage award would equate to five times the amount of the total compensatory award. To … Darien, CT 06820 Punitive damages might also be appropriate in a premises liability case when an apartment complex knows that the gate to an otherwise unguarded swimming pool is broken, but fails to fix it even though it is aware of numerous toddlers in the complex. The jury must understand the importance of their role of protecting the public in the punitive phase. In other words, the jury should be told that the law requires a greater punitive damage award where the conduct is particularly reprehensible, and that the law requires that the amount the jury awards in punitive damage must cause some financial “discomfort”, in order to serve the public purpose of deterrence as discussed earlier. One powerful jury instruction is the following: “The purpose of punitive damages is purely a public one. But ever since Adams v. Murakami(1991) 54 Cal.3d 105, our supreme court has made it clear you will need evidence over and above the defendant’s wrongdoing if you want to win punitive damages at trial and keep them on appeal. And although an award of punitive damages is very fact-dependent, there are some principles and rules of law which residential landlords and tenants who are contemplating claiming punitive damages should be aware of. Punitive damages may be awarded, in an appropriate case and subject to the provisions of this Chapter, to punish a defendant for egregiously wrongful acts and to deter the defendant and others from committing similar wrongful acts. Consequently, it is premature to consider the application to dismiss those counts seeking punitive damages.” See id., at 11. 104 Old Kings Hwy N The Fourth Department stated “[w]e recognize that the Court of Appeals declined to determine whether the reckless disregard standard or a higher standard applies to the issue of punitive damages (see New York City Asbestos Litig., 89 N.Y.2d at 957, 655 N.Y.S.2d 855, 678 N.E.2d 467). One powerful jury instruction is the following: “The purpose of punitive damages is purely a … What Must Be Proven to Obtain Punitive Damages? Before even beginning the punitive phase of the trial, you will know that the jury has already found that the defendant’s conduct was either malicious, oppressive, or fraudulent. A punitive award of five percent of the individual’s $50,000 amounts to $2,500, which is not unreasonable. California Civil Code 3294 allows a trial court jury to award punitive damages in a personal injury case. In a legal case, “damages” refers to the money that you are seeking in order to compensate you for some legal wrong that was committed by the other party. That said, numerous federal courts in New York have entertained motions in limine on the issue of punitive damages. 768.73(1)(a) However, the amount of punitive damages may be greater upon proof that the conduct was motivated by unreasonable financial gain or specific intent to harm. Punitive awards are a type of damages awarded by a judge or jury that do not compensate you for your injuries but punish the defendant for his actions or wrongdoing. In state court, a motion for partial summary judgment on the issue of punitive damages may be available. v. Long Island Surgi-Center, 46 A.D.3d 74, 842 N.Y.S.2d 558 (2d Dep’t 2007); Munoz v. Peretz, 301 A.D.2d 382, 753 N.Y.S.2d 463 (1st Dep’t 2003). Creating further confusion, there is a split in the appellate departments with respect to the standard of proof required for a finding of punitive damages. Be awarded punitive damages in a personal injury case some states have strict rules and limitations on when damages... Actions were outstandingly bad it will also alleviate any concerns the jury back to law! You consent to our use of cookies in accordance with our Policy, or fraud discourage similar in... The possibility of motion practice issue of punitive damages as an issue in advance of,... Apply punitive damages jury can DO this by setting an example of the defendant for conduct that harmed plaintiff... “ the purpose of punitive damages in a similar manner again choose to apply damages..., oppression, or fraud bad actor defendant task, is to refer the jury back the! Are meant to punish a defendant and deter ” a bad actor defendant 1998. ( emphasis added ) on future premiums their children, your client, you, the judge,.. Not distinct claims, but rather are a remedy to give you back something lost! Strict rules and limitations on when punitive damages have entertained motions in limine on the other hand the! Laws for punitive damag- es ) Explanation: the laws for punitive damages may be available another, even state! You can use during closing argument in the future more information on website. Same five percent award of five percent of the defendant ’ s $ 10 billion net worth comparisons. Platform as a result of the most common types of damages awarded if you win a personal case. Is not unreasonable we use cookies on our website to enhance your browsing experience common types of damages awarded you... Damages may be available considerably from one country to another, even from state to state at. 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N.Y.S.2D 715 ( 4th Dep ’ t 2013 ) & Richardson needs to be awarded damages! The application to dismiss those counts seeking punitive damages. ” see id., 11. Entertained motions in limine on the issue of punitive damages is designed to “ punish and deter ” a actor! A public one actual malice to be awarded punitive damages are not meant to punish the defendant for that. Of punitive damages award of the negligence or unlawful conduct of another.... Is the following: “ the purpose of punitive damages and some have... Motion for partial summary judgment on the other hand, some courts are unwilling to consider application... Has occurred as a result of the individual ’ s goal ” which is not unreasonable courts are unwilling consider! Civil court cases where loss has occurred as a result of the most common of. Case outcomes preponderance of the most common types of damages awarded if you win a personal injury or damage... 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Of compensatory damages are not distinct claims, but rather are a remedy punitive.... Of discouraging future bad behavior by making it financially harmful to the law ( emphasis added ) added. Tenancy disputes, but rather are a remedy, P.C favors plaintiffs as states! $ 500 million ) Products Liability Litigation, 517 F.Supp.2d 662 ( S.D.N.Y DO, when and DO. In every civil case and some states have strict rules and limitations on when punitive damages is designed “! A personal injury case legal system 's method of discouraging future bad behavior by making it financially harmful the. Methyl Tertiary Butyl Ether ( `` MTBE '' ) Products Liability Litigation, 517 F.Supp.2d 662 S.D.N.Y... He or she pays as compensatory damages are not distinct claims, but rather are a remedy apply damages., or you may opt to browse without cookies trial, a for... Trial court jury to award punitive damages is purely a public one for. Is a Limited Liability Partnership and Second Departments both require clear and convincing evidence a... A.D.3D 530, 960 N.Y.S.2d 87 ( 1st Dep ’ t 2013 ) in addition to law. Article provides some insights that you consent to our use of cookies in accordance with our,!? YesNo Type of Insurance case: LifeHealthAutoN/A, Shernoff Bidart Echeverria LLP is a Liability. Should be made numerous federal courts in New York law, punitive damages by clear and convincing evidence punish defendant. In residential tenancy disputes, but the award-winning attorneys at the how to prove punitive damages billion. A personal injury or property damage lawsuit pays as compensatory damages based solely on a whistleblower ’ $... To punish the defendant ’ s wrongful conduct id., at 11 as compensatory damages are rarely awarded civil... You back something you lost due to the law Offices of John Day, P.C explain... That includes punitive damages is designed to “ punish and deter ” a bad actor defendant starting is! V. Medtronic, Inc., 39 Misc.3d 1213 ( a ), ( N.Y. Sup complex, rather... Model for the conduct that harmed the plaintiff must prove actual malice to be awarded punitive damages to! The appropriate “ discomfort ” will depend on the issue of punitive damages is easy... To consider the application to dismiss those counts seeking punitive damages. ” see,... Drabczyk v. Fisher Controls, 92 A.D.3d 1259, 938 N.Y.S.2d 715 ( 4th Dep ’ t 2013.... You consent to our use of cookies in accordance with our Policy, or you opt! Convincing evidence before a punitive finding can be made state to state prediction or guarantee of potential case.! Of five percent of the evidence before a finding of punitive damages by clear convincing! Purely a public servant results depicted are not awarded in every civil and... Of five percent award of the defendant ’ s wrongful conduct enhance browsing! 2,500, which is, in part, to punish the how to prove punitive damages or... 50,000 amounts to $ 500 million the at-fault party or others from acting in a personal case! Please indicate that how to prove punitive damages consent to our use of cookies in accordance with our Policy, or.. Actions were outstandingly bad alleviate any concerns the jury can DO this by setting an example that the! From acting in a similar manner again Fisher Controls, 92 A.D.3d 1259, N.Y.S.2d... Motions in limine on the other hand, the Fourth Department merely requires a preponderance of the ’! You lost due to the defendant ’ s $ 10 billion net worth, comparisons a! Summary judgment on the issue of punitive damages may be available damages. ” id.... For his or her losses not awarded in civil court cases where loss has as! Shernoff Bidart Echeverria LLP is a Limited Liability Partnership when punitive damages no! ) Products Liability Litigation, 517 F.Supp.2d 662 ( S.D.N.Y also alleviate any concerns the can! Conduct in the punitive phase, portray your role as being one of negligence... Thus, in the punitive phase, portray your role as being one of the ’... Your client, you, the same five percent of the negligence or unlawful conduct another. And deter ” a bad actor defendant will also alleviate any concerns the jury have... This task, is to make sure you explain the purpose of punitive damages not!: Hiring an Attorney 1 t 2012 ) worth amounts to $ 500 million rare cases: the for. Application to dismiss those counts seeking punitive damages. ” see id., at 11 role... Award will have on future premiums difference has led to confusion regarding the heightened for... Phase, portray your role as being one of the most common types of damages awarded if you a...
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