Questions tagged [punitive-damages]

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6 votes
1 answer

Is a US district court allowed to award punitive damages based on another state's law?

Let's say The plaintiff lives in Florida, US. The defendant lives in California, US. The plaintiff sues the defendant in a Texas District Court due to diversity jurisdiction. The case involves ...
Anon User's user avatar
17 votes
1 answer

Why would a jury award more punitive damages than is allowed by the law?

I read on The seven-member jury found that Depp is entitled to $10 million in compensatory damages and punitive damages of $5 ...
Franck Dernoncourt's user avatar
3 votes
2 answers

Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?

Background Say you are awarded $3,000 in compensatory damages, and the judge feels like treble damages would be appropriate for the specific facts of a case. Questions: Is the judge permitted to act ...
smallball's user avatar
1 vote
1 answer

Who decides about civil penalties and punitive damages if a suit defaults on the defendant’s failure to respond to a complaint?

If in a lawsuit a plaintiff seeks punitive damages or civil penalties or both, it is within the sole discretion of the jury to award them, and the only duty the court is tasked with in the ...
HJay's user avatar
  • 457
0 votes
1 answer

May pre-judgement settlement be considered as compensatory damages for the purposes of punitive damages?

Say Alice is harmed by the bad faith conduct of Bob that results a punitive damages’ multiplier in a suit therefor; however, Bob, post-motion and pre-judgment, offers a settlement for all compensatory ...
kisspuska's user avatar
  • 3,875
2 votes
0 answers

Can a manufacturer be imposed civil penalties under Song-Beverly after a vehicle replacement was accepted?

Bob purchased a vehicle for $75,001 which eventually meets the lemon law presumption of the Song-Beverly Consumer Warranty Act, and Bob serves a statutory notice upon the manufacturer about its duties ...
HJay's user avatar
  • 457
-1 votes
1 answer

Is there any case law that sets the minimum amount in controversy to the minimum amount permissible to settle in class actions? [closed]

There, of course, are such a compensatory-to-punitive damages ratio principle — even if merely in the form of fairly complex guideposts for e.g. the BMW guidepost, the just less-less-than-10x of ...
kisspuska's user avatar
  • 3,875