FindLaw | Find a Lawyer. Find Answers.

Library Search

• Twisting the Purpose of Pain and Suffering Awards: Turning Compensation into "Punishment" ( September 2002 )
  Victor E. Schwartz and Leah  Lorber of Shook, Hardy & Bacon L.L.P.

  In the last quarter of the 20th century, punitive damages were diverted from their intended purpose of reasonably punishing and deterring wrongful behavior. The United States Supreme Court noted in 1974 that "juries assess punitive damages in wholly unpredictable amounts bearing no necessary relation to the actual harm caused."

• Insurability of Punitive Damages: Who Really Gets Punished ( June 2001 )
  Ellen M. Van Meir of Thompson, Coe, Cousins & Irons, LLP

  This article discusses the ability for groups to insure agaist punitive damage awards.

• NEW YORK UPDATE--Arbitration Agreements May Not Protect You From Punitive Damages ( December 2000 )
  Lisa  Mellas of White and Williams LLP

  Under New York law, parties can enter into a written agreement to submit any controversy to arbitration, with the courts having jurisdiction to enforce the agreement and enter a judgment on an award.

• Notice of Electronic Monitoring Act: 1984 Revisited? ( November 2000 )
  Sherry L. Travers of Thompson, Coe, Cousins & Irons, LLP

  This article reviews the components of the Notice of Electronic Monitoring Act ("NEMA") which is making its way through Congress and may become law by the end of the year.

• Article 4590i Provides A Cap For Actual Damages But Not For Punitive Damages In A Medical Malpractice Case ( September 2000 )
  Barker, Leon & Fancher, LLP

  FACTS OF CASE Horizon/CMS Health Care Corporation v. Auld, 43 S.Ct.J. 1151 is a nursing home case brought under .

• Judges, Not Juries, Are the Employer's Best Friends: Employment Law Alert? Issue 6 ( February 2000 )
  Nixon Peabody LLP

  This article reviews how statistics prove that employers are much more likely to prevail if an employment action is tried in front of a judge rather than a jury.

• Avoiding Punitive Damages in Employment Discrimination Cases: A Practical Guide ( August 2000 )
  DLA Piper US LLP

  This article reviews how a company can avoid the imposition of punitive damage awards and reduce the cost of overall discrimination suits by following certain guidelines relating to anti-discrimination policies.

• Punitive Damages After BMW of North America, Inc. v. Gore ( January 1999 )
  Evan M. Tager of Mayer Brown, LLP

  This article reviews the BMW vs. Gore decision in which the Supreme Court found that a punitive damage award was so excessive that the award violated the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. The author reviews the background of this decision and how the implications of this decision in the insurance arena.

• Punitive Damages Claims in Environmental Tort Cases: Lessons From Johansen v. Combustion Engineering, Inc. ( March 2000 )
  Evan M. Tager of Mayer Brown, LLP

  This article discusses the Johansen v. Combustion Engineering, Inc. decision in which the issue of punitive damages in environmental tort cases was discussed. Mayer Brown & Platt's website is http://www.appellate.net.

• Ginsburg vs. Goldstein: An Inside Perspective ( May 2000 )
  The Ravkind Firm

  This now infamous lawsuit was filed on January 30, 1998 in County Court at Law #2, Dallas County, Texas, presided o.