Punitive damages
Legal Concept
$75M verdict unsealed in Prempro-cancer casePHILADELPHIA - A Philadelphia jury has ordered Wyeth Pharmaceuticals to pay a woman $75 million in punitive damages after finding a link between her breast cancer and a hormone-replacement drug. The punitive damages in the case of Connie... In this article: Pfizer Inc., Punitive damages, Wyeth, Cancer, Breast cancer, Estrogen, and Illinois |
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USATODAY.com | 22 hours ago
Ex-smoker hopes verdict will buy lung transplant
...Kelley, the Fort Lauderdale attorney who represented Naugle. The award amounts to $56 million in compensatory and $244 million in punitive damages against Richmond, Virginia-based Philip Morris USA, a unit of Altria Group Inc. In a...
In this article: Philip Morris USA, Tobacco, Oxygen, Fort Lauderdale, Florida, Plaintiff, and All rights reserved
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AP Online | 3 days ago
Ky. court upholds $6M verdict in strip search case
...false assertion of police authority, she also faced the real authority of her supervisors." A jury awarded Ogborn $5 million in punitive damages and just over $1.1 million in compensatory damages following a four-week trial in 2007. Ogborn...
In this article: McDonald's, Donna Summers, and Kentucky
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washingtonpost.com | 3 days ago
Former smoker to discuss $300 million Fla. verdict
...a news conference with her attorneys on Friday in Fort Lauderdale. The award amounts to $56 million in compensatory and $244 million in punitive damages against Richmond, Va.-based Philip Morris USA. The unit of Altria Group Inc. said it will...
In this article: Florida, Tobacco, Philip Morris, Fort Lauderdale, Philip Morris USA, and Altria Group Inc.
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BBC News | 3 days ago
Ex-smoker wins $300m in damages
...said it the will challenge the verdict because of "numerous erroneous rulings by the trial judge". Its spokesman said that the punitive damages are "grossly excessive and a clear violation... of the law". Ms Naugle started smoking...
In this article: Philip Morris, Tobacco, North Africa, Rome, Florida, and US
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Reuters | 3 days ago
Philip Morris ordered to pay $300 million to smoker
In this article: Philip Morris, Philip Morris USA, Florida, All rights reserved, Tobacco, Thomson Reuters, and RJ Reynolds
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Philip Morris ordered to pay $300 mln to smoker
* Jury awards $56.6 mln for medical expenses * Jury awards $244 mln in punitive damages * Award is largest of Engle progeny lawsuits A Florida jury on Thursday ordered cigarette maker Philip Morris USA to pay $300 million in damages...
In this article: Philip Morris USA, Florida, Tobacco, RJ Reynolds, and Altria Group Inc
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Court reinstates $5M award in beef jerky dispute
...at fault. At issue in Tuesday's decision by the District 3 Court of Appeals in Wausau was how much Jack Link should have to pay his son in punitive damages for breaching his fiduciary duty to him. The jury had awarded $5 million, but a...
In this article: Wisconsin and New Zealand
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More on Punitive damages
Description from Wikipedia:
Punitive damages (termed exemplary damages in the United Kingdom) are damages not awarded to compensate the plaintiff, but to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
Punitive damages are often awarded where compensatory damages are deemed an inadequate remedy. The court may impose them to prevent under-compensation of plaintiffs, to allow redress for undetectable torts and taking some strain away from the criminal justice system. However, punitive damages awarded under court system that recognize them, may be difficult to enforce in jurisdictions that do not recognize them. Punitive damages awarded to one party in a US case would be difficult to get recognition for in a European court, where punitive damages are most likely to be considered to violate ordre public.
Because they usually compensate the plaintiff in excess of the plaintiff's provable injuries, punitive damages are awarded only in special cases, usually under tort law, where the defendant's conduct was egregiously insidious. Punitive damages cannot generally be awarded in contract disputes. The main exception is in insurance bad faith cases in the United States, where the insurer's breach of contract is alleged to be so egregious as to amount to a breach of the "implied covenant of good faith and fair dealing," and is therefore considered to be a tort cause of action eligible for punitive damages (in excess of the value of the insurance policy).
Also, punitive damages can be in excess of the compensatory damages (that is, equal to or higher than the amount of compensatory damages awarded). There is no set limit or absolutely impermissible ratio of punitive damages to compensatory damages, though punitive damages with unusually high ratios have been reversed by appellate courts.
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