Bad enough to punish: the application of the responsibility guidepost in punitive damages cases after BMW v. Gore

Article Abstract:

The Supreme Court, in its 1996 BMW of North America v. Gore decision, held a state court punitive damage award unconstitutional and set forth a three-part test for determining constitutionally excessive awards. The test focuses primarily on the "reprehensibility" of the defendant's conduct. An analysis of subsequent federal and state court punitive damages decisions indicates lower courts are looking seriously at the nature of the conduct rather than focusing solely on the ratio of damages to harm, and are applying BMW's "guideposts" by comparing instances of misconduct.

Standards, Exemplary damages, Punitive damages

---

Bad faith cases: ethical issues for defense counsel

Article Abstract:

Ethical issues for defense attorneys in cases involving claims of bad faith against insurers are discussed. Topics covered include conflicts of interest, confidentiality of information provided by the insured to the attorney or by the attorney to the insured, and claims of liability against counsel.

Analysis, Legal ethics, Insurance claims adjustment, Confidential communications, Attorney-client privilege, Claims adjustment (Insurance)

---

Neurologically impaired babies?

Article Abstract:

The author argues that, in many instances, physicians cannot be held responsible for cerebral palsy in babies. Information defense attorney could present to a court, review board, or peer review panel on the cause or causes of a cerebral palsy case are outlined.

Physicians, Cerebral palsy, Evidence (Law), Medical malpractice, Brain damage

Similar abstracts:

• Abstracts: Medical rationing and the allocation of adjudicatory responsibility under comprehensive health care reform in the 103rd Congress: an administrative lawyer's postmortem
• Abstracts: The prudent operator standard: applications beyond the oil and gas lease. The mutual benefit implied covenant for oil and gas royalty owners
• Abstracts: Section 7 of the Endangered Species Act and the art of compromise: the evolution of a reasonable and prudent alternative for the Animas-La Plata Project
• Abstracts: ADA rulings look good to businesses; the court favored employers' definition of 'disability,' but business rulings were mixed
• Abstracts: More sunshine laws proposed; after the Firestone recalls, 10 states and the U.S. Senate introduced bills to limit secret orders, agreements

This website is not affiliated with document authors or copyright owners. This page is provided for informational purposes only. Unintentional errors are possible.