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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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Court Rules Air Force Is More At Fault For Mass Shooting Than The Shooter

JonathanTurley

The National Instant Criminal Background Check System (NICS) showed Kelley as eligible to buy such firearms despite his 2012 conviction by a general court martial of domestic assault on his wife and child. The court ruled that. That should have made him ineligible. The family sued both Prueitt and the company.

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Appellate Court Upholds $25 Million Award Against Oberlin in Mob Action Against Family Grocery

JonathanTurley

Now, an appellate court has upheld a $25 million judgment against the small college and Oberlin earned every penny of that penalty. Oberlin maintained in court filings that the son and grandson of the owners of Gibson’s Bakery “violently and unreasonably attacked” an unarmed student, but that is not how the police viewed it.

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

JonathanTurley

Despite this history, a new decision out of the High Court is still shocking in its implications for further attacks on free speech. The court ruled that newspapers and television stations that post articles on social media sites like Facebook are liable for other third party comments on those posts. punitive damages.

Tort 34
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Tennessee Prosecutor Accused of Telling Deputies to Destroy Pictures of Brutal Beating

JonathanTurley

A very disturbing case of alleged police brutality just got far worse after defense counsel for Jim Jones, 62, alleged in open court that a prosecutor with the District Attorney for Lawrence County, Tennessee told a deputy sheriff to delete pictures of the beaten Jones. The complaint seeks punitive damages.

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

JonathanTurley

2d 774 (1998), bystanders can recover for emotional distress damages only when the injury is caused by a sudden, traumatic event and the plaintiff was aware that the event was causing injury to the victim. In 1968, the California Supreme Court expanded NIED claims in Dillon v. They could also seek punitive damages in such a case.

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The Curious Fraud Case Against Trump Just Got ‘Curiouser’

JonathanTurley

That eagerness could prove the court’s undoing, however. The New York law is unique in allowing massive penalties without the loss of a single dollar by a bank. However, James wants dissolution and crippling damages, and that could trigger a higher-court review. Supreme Court decided a case, BMW of North America v.