3
votes
Accepted
May pre-judgement settlement be considered as compensatory damages for the purposes of punitive damages?
A true settlement is a full settlement of all outstanding issues in the case, and if accepted, would moot the availability of punitive damages or any other award by the court.
- 129k
3
votes
Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?
Question 1:
Some of the more recent questions from December 2016 on this on Avvo.com replying to a question on Los Angeles Small Claims courts: "[T]he likelihood of any small claims judge in LA ...
- 71
2
votes
Are judges in California allowed to award punitive damages totaling an award higher than the jurisdictional limit of a small claims case?
By choosing to file a claim in small claims court you are waiving any right to recover an amount in excess of the jurisdictional limit of the court. So, the total award, including both compensatory ...
- 129k
1
vote
Accepted
Who decides about civil penalties and punitive damages if a suit defaults on the defendant’s failure to respond to a complaint?
1. The judge.
In default hearings, generally no jury is empaneled; however, the defendant is welcome to attend, and present their case against the default.
On the website of Schneider’s & ...
- 2,601
1
vote
Is there any case law that sets the minimum amount in controversy to the minimum amount permissible to settle in class actions?
Yes
australia
In Australia, class action settlements require the approval of the Court before they can take effect. The representative plaintiff will make an application to the Court to approve a ...
- 147k
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