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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

Further, where the fraud was related to the purchase of plaintiff’s home, and the jury awarded plaintiff the amount she paid for the home in compensatory damages, that award was affirmed. On appeal, the verdict for compensatory damages was affirmed, but the punitive award was vacated and remanded for further proceedings.

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Stern Rebuke: Auburn University Hit With Punitive Damages in Free Speech Case

JonathanTurley

Notably, the jury awarded punitive damages against the university, a relative rarity for juries but well deserved in this case. There seemed little balance struck in this case and the jury responded by hitting Auburn with punitive damages. It awarded $145,000 in compensatory damages and $500,000 in punitive damages.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. In Lowery v. Redmond , No. W2021-00611-COA-R3-CV (Tenn. internal citations and quotations omitted).

Tort 59
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“Corners Were Being Cut”: Baldwin Shooting Already Has The Makings of a Blockbuster Tort Action

JonathanTurley

The fatal shooting at Bonanza Creek Ranch already has the makings of a blockbuster tort action. ” The question is not whether but when the first torts lawsuit will be filed. .” What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

Tort 37
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Australia High Court Delivers Major Blow to Free Speech In Defamation Ruling

JonathanTurley

The Supreme Court ruled that tort law could not be used to overcome First Amendment protections for free speech or the free press. compensatory damages and $300,000.00 punitive damages. Congress recognized the threat that tort-based lawsuits pose to freedom of speech in the new and burgeoning Internet medium.

Tort 33
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Georgia poll workers file federal defamation suit against Giuliani and OAN over election fraud claims

JURIST

Altogether, the plaintiffs have charged four claims against the defendants: defamation, intentional infliction of emotional distress, and civil conspiracy and aiding and abetting claims with respect to the said tort claims.