Punitive Damages

Question 0

A purpose that plays a role of disputed merit within PD?

Answer 0

Retribution

Question 1

Principal purpose of PD?

Answer 1

Punishment
(Second are deterrence)
then retribution & compensation althougn less of reason)
W

Question 2

Professor Owen

Answer 2

Incentive for private atty general type enforcement litigation

Question 3

Consider how wealthy Pltf is?

Answer 3

Yes can if punitive damages.

Help figure % will need to make it hurt/punish

Question 4

A theory of relief but also a _________.

Answer 4

Remedy

Question 5

Wangen v. Ford Motor co.
1980
Supreme Court of Wisconsin

Answer 5

Ford knew defect gas tank, knew were causing serious harm for years. Evident in the fact that they changed the design. Yet still concealed it from the public/government.
“On the basis of facts pleaded and reasonable inferences therefrom the complaint……..if proved by Pltf portray conduct which is WILLFUL, WANTON & in RECKLESS DISREGARD of plntf’s rights.”

Question 6

If I have fault shown in elements of intentional tort do I automatically have punitive damages?

Answer 6

No.
But you 80% there.
Go back to facts & mine for algo diff to get punitive.
IIED case you 90% there cuz double duty intent.

Question 7

When are punitive damages suspect under 5&14th amendment, according to US Supreme Ct?

Answer 7

10x higher than compensatory award.

Admiralty has to be 1:1

Question 8

Judicial review for excessiveness of punitive damages

Considers following:

Answer 8

1) reprehensibility of defs conduct
2) disparity btwn Pltf actual harm & potential harm might have suffered more
3) diff btwn punitive award THIS CASE & others like it
4) ratio of punitive to compensatory damages

Question 9

Will insurance cover punitive damages?

Answer 9

No

Question 10

Malice.

How you get it?

Answer 10

Reckless, gross indifference

Restatement says “ outrageous conduct”

Question 11

Vicarious punitive damages

Answer 11

Punitive & compensatory pass from employee to employer

Question 12

Majority jurisdiction punitive damages only impute to employer when….?

Answer 12

1) employer authorized wrongful act AND the manner of its conduct
2) employer was reckless in employing an unfit employee
3) the employee was working in management capacity
OR 4) employer or his managers ratified the wrongful act after it occurred.

Question 13

Mass. Punitive damages allowed?

Answer 13

Not @ common law.

Only in express statutorily authorized situations.