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).
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
3
Q
ATRA reforms regarding punitive damages. (3)
A
- establish liability TRIGGER based on malice
- require CCE (clear & convincing evidence)
- require proportionality in awards
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
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
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