CAS ATRA Flashcards

1
Q

Purpose of punitive damages.

A

To PUNISH a defendant for intentional/malicious conduct and to DETER such future misconduct (not to compensate the victim).

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2
Q

Issues that lead to ATRA initiatives regarding punitive damages. (2)

A
  • difficulty in predicting whether punitive damages will be awarded
  • trend to astronomical awards
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3
Q

ATRA reforms regarding punitive damages. (3)

A
  • establish liability TRIGGER based on malice
  • require CCE (clear & convincing evidence)
  • require proportionality in awards
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4
Q

ATRA’s tort reform initiatives. [CRAP] (4)

A
  • Collateral source rule (eliminate) -> this rule says evidence of other compensation CANNOT be admitted at trial
  • Rule of joint & several liability ->replace them with system of proportional liability
  • Attorney retention sunshine -> require legislative approval of large contingent fee contracts
  • Punitive damages (require 3 conditions before punitive damages can be paid) -> establish TRIGGER, require CLEAR evidence, require PROPORTIONALITY in awards
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5
Q

ATRA’s tort reform initiatives. [CAN] (3)

A
  • Class action reform (too much of award goes to lawyers)
  • Appeal bond reform (limit size of appeal bond)
  • Non-economic damages (pain & suffering) -> no clear guidance on determining amount of damages
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6
Q

ATRA’s tort reform initiatives. [PPJ] (3)

A
  • Pre-judgement interest -> currently available but system needs to be modified
  • Product Liability -> laws needs to be made more clear & fair
  • Jury service reform (because people try to get out of serving!)
    • > eliminate occupational exemptions
    • > reform rules for hardship exemptions
    • > give jurors scheduling flexibility
    • > better compensation for lengthy trials
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