exemplary damages

• Asbestos Litigation - Manufacturer and Supplier Avoids Award of Exemplary Damages in.

Abel v Amaca Pty Ltd Under External Administrators (Formerly James Hardie & Coy Pty Ltd) [2010] SADC 98 Judgment date: 23 July 2010 South Australi...

• Mondaq Business Briefing
• Nbr. 2010, January 2010

• Commentary: Courts Cautioned About Exemplary Damages

Punitive damages are awarded only infrequently. While they often provide a specter hanging over defendants, they are rarely granted to plaintiffs. On the rare occasions when exemplary damages are granted, they are frequently subject to appellate review.

• Daily Record and the Kansas City Daily News-Press
• November 16, 2004

• Louisiana Punitive Damages-A Conflict of Traditions

Introduction. I. History. A. Civil Law. B. Common Law. C. Louisiana Law. II. Louisiana's Punitive Damages Articles. A. Louisiana Civil Code Article 2315.4: Intoxicated Drivers. 1. The Purpose of Article 2315.4. 2. Burden of Proof. a. Intoxication. b. Cause in Fact. c. Wanton and Reckless Conduct. d. While Operating a Motor Vehicle. 3. Whether to Award Exemplary Damages. 4. Amount of the Award. 5. Appellate Review--State Standard. 6. Appellate Review--Federal Due Process. 7. Vicarious Liability. 8. Insurance Coverage. B. Louisiana Civil Code Article 2315.7: Criminal Sexual Activity. C. Louisiana Revised Statutes Section 15:1312: Interception, Disclosure, or Use of Wire or Oral Communication. D. Louisiana Revised Statute Section 9:2800.76: Sale, Distribution, or Marketing of Illegal Contr...

• Louisiana Law Review
• Nbr. 70-2, January 2010

• TIME Awarded Exemplary Damages In India.

The case of Time Incorporated V. Lokesh Srivastava & Anr 2005 (30) PTC 3 (del) is of significance from the perspective of the extent and nature of rel...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• R&S Distrib., Inc. v. Hartge Smith Nonwovens, L.L.C., (Ohio 2010)

TORT MISCELLANEOUS – DAMAGES – NEW TRIAL: Conversion is the wrongful exercise of dominion over property to the exclusion of the rights of the owner, or the withholding of property from the owner’s possession under a claim inconsistent with his rights; if the defendant in a conversion action had come into possession of the property lawfully, the plaintiff must prove two additional elements to establish conversion: (1) that it demanded the return of the property after the defendant had exercised dominion or control over the property; and (2) that the defendant refused to deliver the property to the plaintiff (but these additional elements are not required where a wrongful possessor has unlawfully acquired dominion over the property). In a suit for conversion, where ...

... do not authorize the assessment of exemplary damages, the general rule for the measure of damag...

• Ohio Supreme Court

• Microsoft Granted Compensatory And Exemplary Damages Yet Again.

Damages in India are traditionally compensatory in nature. However, we find Indian Courts drifting gradually towards the American concept of granting ...

• Mondaq Business Briefing
• Nbr. 2009, January 2009

• Making An Example: Aggravated And Exemplary Damages.

'I'm going to make an example of you!' These were schoolday words that would invariably diminish the spirits. For the example was unlikely to be an ac...

• Mondaq Business Briefing
• Nbr. 2007, January 2007

• Atlantic Sounding Co. v. Townsend, 557 U. S. (2009)

... judgment action, seeking punitive damages for the maintenance and cure claim. The District C... the jury ha[s] done right in giving exemplary damages”). . American courts have likew...

• U.S. Supreme Court

• Exemplary Damages for Unreasonably Withholding Consent.

Originally published September 2004 A recent decision of the High Court1 illustrates the circumstances in which exemplary or punitive damages for br...

• Mondaq Business Briefing
• Nbr. 2005, January 2005

• Appeal Court Reduces Award to Prisoner

The Supreme Court had awarded Parchment, 37-year-old peddler of Old Harbour Bay, St. Catherine, $500,000 for exemplary damages but the Court of Appeal reduced the amount to $100,000. Mrs. Justice Zaila McCalla had ordered the Government in June 2002 to pay Parchment $2.2 million with interest in damages which included $500,000 for exemplary damages. Mr. Samuels told The Weekly Gleaner that since the award was made in Parchment's favour in June 2002, he had written to the Attorney-General's Department seeking to get even a portion of the award for Parchment but was not successful. He said Parchment was suffering severe financial hardship.

• Weekly Gleaner, The; North American ed.
• July 31, 2009