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961 DICKERSON & LEVENTHAL.MLD (DONE) 4/10/2013 9:37 AM PUNITIVE DAMAGES: PUBLIC WRONG OR EGREGIOUS CONDUCT? A SURVEY OF NEW YORK LAW John M. Leventhal* & Thomas A. Dickerson** I. INTRODUCTION.

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In order to award punitive damages, you must find circumstances of aggravation or outrage, such as spite or malice or other evil motive on the part of the defendant, and a conscious and deliberate disregard of the plaintiff's interests so that the conduct could be called willful or wanton.

Burden of Proof The plaintiff has the burden of proving each and every element of his section 1983 claim by a fair preponderance of the evidence.

In order to award punitive damages, you must find circumstances of aggravation or outrage, such as spite or malice or other evil motive on the part of the defendant, and a conscious and deliberate disregard of the plaintiff's interests so that the conduct could be called willful or wanton.

The Standard(s) The New York Pattern Jury Instruction on punitive damages states that a jury must find defendant's conduct to be wanton or malicious, bordering on criminal, before finding punitive damages.

v. Campbell, 538 U.S. 408 (2003) A punitive damages award should have a single-digit ratio to the compensatory damages award. In other words, a ratio of 9:1 is the maximum acceptable.

There is no cap on punitive damages in New York. The same is true with compensatory damages in New York. When punitive damages are awarded, the amount is typically substantial.

See, Comments under New York Pattern Jury Instructions § 2:79, that “the driver of a vehicle intending to turn left at a green traffic signal must yield the right of way to any oncoming traffic within the intersection or so close as to constitute an immediate hazard.”

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© Copyright 1997-2025
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Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
Content Takedown Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
Industries
Forms in Spanish
Localized Forms
State-specific Forms
Forms Kit
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232