At least 41 statesallowpunitive damages, while Washington state does not. Punitive damages are different from compensatory damages, like lost wages, medical expenses and pain and suffering. Punitive... more
As reported in a recent blog, a New Jersey jury awarded a South Dakota woman $3.35 million for her claims against Johnson Johnson/Ethicon. The plaintiff claimed significant damages, including 18... more
Its IMPROPER TO ALLEGE PUNITIVES IN COMPLAINT
It is improper to allege in the complaint the amount of punitive damages sought (Civ.C. 3295(e)) because this is not reasonably calculated to apprise... more
"Breach of fiduciary duty" is a catch-all phrase the law uses to describe when a trusted person -- a "fidiciary" -- commits a wrong against the person who trusted him or her. That usually (but far... more
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.The term is most commonly used to refer to a type of tort lawsuit alleging that the... more
In Vincent v. Alden Park Strathmore Inc., the estate of a deceased nursing home resident attempted to bring a claim for punitive damages under the Illinois Nursing Home Care Act (NHCA).
Written by attorney Nick Passe, almost 2 years ago.
Occassionally in civil litigation judges and juries, after being presented with all of the evidence, feel that issuing a judgment against the defendant only for the amount the defendantdamaged the... more
Is is possible, under California Law, to obtain punitive damages in an action for personal injuries and/or wrongful termination of employment. The standard is laid out in California Code of Civil... more