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Complaint for Specific Performance to Enforce Settlement and for...

Alaska Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

Q: What is rule 82 in Alaska?

Rule 82 - Attorney&#039;s Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney&#039;s fees calculated under this rule.

Category:

Civil Actions - Complaints - Settlement Agreements

State:

Multi-State

Control #:

US-03187BG

Format:

Instant download

Description

A settlement agreement is an agreement to terminate, by means of mutual concessions, a claim which is disputed in good faith. It is an amicable method of settling or resolving bona fide differences or uncertainties and is designed to prevent or put an end to litigation. Public policy favors settlement of litigation. It is well-settled public policy that settlement agreements are highly favored and will be enforced whenever possible.

Courts consider a settlement agreement as a contract, and construction and enforcement of settlement agreements are governed by principles of contract law. Accordingly, a settlement agreement is enforceable if the elements of a contract are present: " An agreement;
" Between competent parties;
" Based upon the genuine assent of the parties;
" Supported by consideration;
" Made for a lawful objective; and
" In the form required by law.

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How to fill out Complaint For Specific Performance To Enforce Settlement And For Punitive Damages?

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FAQ

In order to receive punitive damages, the plaintiff must prove by clear and convincing evidence that the wrongdoer's conduct was outrageous, such as acts done with malice or bad motives or a reckless indifference to the interests of another person. Brandner v. Hudson, 171 P. 3d 83, 89 (Alaska 2007); Chizmar v.

15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.

A parent or guardian of a minor who has a claim against another person has the power to execute a full release or a covenant not to sue, or to execute a stipulation for entry of judgment on such claim.

Rule 82 - Attorney's Fees (a)Allowance to Prevailing Party. Except as otherwise provided by law or agreed to by the parties, the prevailing party in a civil case shall be awarded attorney's fees calculated under this rule.

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages. For example, if a plaintiff recovers $100,000 in compensatory damages and is awarded punitive damages, they most likely will receive up to $400,000 in punitive damages. There are exceptions, though.

The amount of punitive damages is left up to a jury or judge's discretion, though many states cap the amount of punitive damages that can be awarded. Alaska law states that these damages may not exceed the greater of either three times the amount of the compensatory damages that were awarded or $500,000.

If a plaintiff who has once dismissed an action in any court commences an action based upon or including the same claim against the same defendant, the court may make such order for the payment of costs of the action previously dismissed as it may deem proper and may stay the proceedings in the action until the ...

Alaska Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

Description

Related forms

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How to fill out Complaint For Specific Performance To Enforce Settlement And For Punitive Damages?

Form popularity

FAQ

Does Alaska allow punitive damages?

Which states prohibit punitive damages?

What is the rule 90.2 in Alaska?

What is rule 82 in Alaska?

Under what circumstances may punitive damages be allowed?

What are the limitations of punitive damages?

What is the cap on punitive damages in Alaska?

What is the Civil rule 41 in Alaska?

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Alaska Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

Description

Related forms

Viewed forms

How to fill out Complaint For Specific Performance To Enforce Settlement And For Punitive Damages?

Form popularity

FAQ

Does Alaska allow punitive damages?

Which states prohibit punitive damages?

What is the rule 90.2 in Alaska?

What is rule 82 in Alaska?

Under what circumstances may punitive damages be allowed?

What are the limitations of punitive damages?

What is the cap on punitive damages in Alaska?

What is the Civil rule 41 in Alaska?

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