News & Analysis as of

Punitive Damages Clear and Convincing Evidence

Greenbaum, Rowe, Smith & Davis LLP

New Jersey Supreme Court Ruling Clarifies Standards for Punitive Damages in Medical Malpractice Actions

On August 25, 2022, the Supreme Court of New Jersey issued its decision in Rivera v. The Valley Hospital, Inc., reversing the trial judge’s interlocutory order denying the defendants’ motions to dismiss a claim for punitive...more

Ward and Smith, P.A.

Recovering Punitive Damages in North Carolina Personal Injury Cases

Ward and Smith, P.A. on

When an accident happens due to someone else's negligence, an injured person is able to recover compensatory damages from the at-fault party or their insurance carrier. For instance, if an innocent driver is injured in a...more

Skadden, Arps, Slate, Meagher & Flom LLP

Liability Protections in Coronavirus Relief Legislation

Yesterday, Sen. John Cornyn, R-Texas, joined by Senate Majority Leader Mitch McConnell, R.-Ky., introduced the SAFE TO WORK Act, which would provide substantial and comprehensive liability protection from coronavirus-related...more

Womble Bond Dickinson

Eleventh Circuit Examines FCRA Willfulness Standard

Womble Bond Dickinson on

In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more

Jackson Lewis P.C.

Missouri Legislature Passes Bill Making It More Difficult For Plaintiffs To Receive Punitive Damages

Jackson Lewis P.C. on

The Missouri Legislature has passed a bill (S.B. 591) that raises the standards for punitive damages in civil actions. S.B. 591 provides that punitive damages may be awarded only if the plaintiff proves by “clear and...more

Rumberger | Kirk

Punitive Damages Change the Game: Immediate Appellate Review Should Be Available

Rumberger | Kirk on

What happens when a trial judge grants a motion to amend a complaint, allowing the addition of a claim for punitive damages, but the evidence supporting the punitive damages claim is insufficient? Is immediate appellate...more

McManis Faulkner

Punitive Damages: A Brief Comparison of Federal and California Practice [Part 1 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hydraulic Fracture Related Damage Claim: Federal Court Addresses Application of Consent and Release Agreement

A United States District Court (Western District Oklahoma) addressed in an October 10th Order issues associated with a producing vertical well’s claim for damages related to another company’s subsequent installation of a...more

Miles & Stockbridge P.C.

Maryland Court of Special Appeals Reaffirms Heightened Standard for Recovering Punitive Damages

On June 1, 2016, the Court of Special Appeals of Maryland issued an opinion in 1st Team Fitness, LLC, et al. v. Francesco Illiano, No. 0136, Sept. Term 2015 (Md. Ct. Spec. App. Jun. 1, 2016) reaffirming Maryland’s heightened...more

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