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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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Iowa Supreme Court limits financial damages for victims of excessive force by law enforcement officers

JURIST

The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. Punitive damages are awarded as a way to punish the defendant and to deter that same conduct in the future.

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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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Account holders sue PayPal for allegedly withholding account funds

JURIST

Plaintiffs alleged that PayPal violated racketeering laws under the federal Racketeer Influenced and Corrupt Organizations (RICO) Act. Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment.

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

Day on Torts

The jury found defendant liable for intentional misrepresentation and awarded plaintiff $243,000 in compensatory damages, which was the purchase price of the home, and $250,000 in punitive damages. Based on this case law, the Court rejected defendant’s argument that the cost of repair was the only available measure of damages.

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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. (b) What is clear is that there is an abundance of evidence to support a tort action even at this early stage.

Tort 39
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Depp-Heard Verdict Contains Relatively Rare Defamation-by-Counsel Liability

JonathanTurley

Even with the reduction of the $5 million in punitive damages to $350,000 under the statutory state cap for punitive damages, Depp was technically awarded $10,350,000. The defamation laws are far more advantageous for defendants in the UK and most plaintiffs try to litigate such claims in the U.S.