If a defendant does not answer a lawsuit he defaults. As a default litigant the defendant would be denied the right to argue the facts presented in the complaint. However, the default also acts to deny the plaintiff a jury trial. And, the defendant can still argue the plaintiff's damage amounts. Without a jury because of the default, the plaintiff's damage award, in particular punitive damages, is solely up to the presiding judge. Question: How does a plaintiff go about getting punitive damage award in a default judgment from a judge who leanings toward favoring the default defendant?

  • 1
    "...judge who leanings toward favoring the default defendant." Do you meant the judge is biased toward this particular defendant or is it a judge who has a reputation for not going for large punitive damages? Were you counting on a jury to give you a large amount of cash? – Damila Feb 18 '20 at 17:20

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Browse other questions tagged or ask your own question.