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Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to...more
Louisiana generally does not permit punitive damages. But if an accident happens on navigable waters, and the plaintiff brings a claim under federal maritime law, a Louisiana jury can award punitive damages, and Louisiana...more
As we have noted in prior posts, many states require courts to bifurcate punitive damages trials upon the defendant’s request. The question therefore arises whether a federal court sitting in diversity must or, at least...more
On July 3, 2012, the Ohio Supreme Court directed the Eighth District Court of Appeals to apply the Ohio Supreme Court’s ruling in Havel v. Villa St. Joseph, 131 Ohio St.3d 235 (2012) that, upon motion of a party, Ohio Revised...more