The Daily

Punitive Damages

Punitive damage claims are heavily regulated. Your lawyer needs to understand how to plead them and how to prove them. Much of the law restricting punitive damages comes out of all the tobacco litigation that has been in the court system for decades. A new tobacco case on appeal further restricts punitive damage remedies against tobacco companies.

Under the law, punitive damages cannot be levied against a defendant if they’d already been hit with punitive damages for the same conduct, provided the court determines they have already been punished enough, according to the opinion. Sommers had argued the court was wrong not to make this determination, the panel said.

Read more at:

You can read about my experience litigating punitive damages here.