Alaska Complaint regarding Breach of Contract for Actual and Punitive Damages
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How to fill out Complaint Regarding Breach Of Contract For Actual And Punitive Damages?
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FAQ
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.
15 That figure edges up to 60% if the three states that prohibit punitive damages, (Michigan, Nebraska, and Washington) are discounted from the equation.
When a jury determines that a defendant has acted with oppression, fraud, or malice, they may decide that an award of punitive damages is appropriate.
In order to properly write a cause of action, several things must be included. The names of the Plaintiff and Defendant. The legal means by which the Plaintiff is bringing the lawsuit. Be sure to only include the facts, not opinions. ... Offer expert opinions and lay out the evidence. ... Request of relief.
A person who suffers an ascertainable loss of money or property as a result of another person's act or practice declared unlawful by AS 45.50. 471 may bring a civil action to recover for each unlawful act or practice three times the actual damages or $500, whichever is greater.
Comply With the Relevant Federal, State, and Local Rules. ... Research Before Writing. ... Allege Subject Matter Jurisdiction, Personal Jurisdiction, and Venue. ... Jurisdiction. ... Draft Concise and Plain Statement of the Facts. ... Factual Allegations. ... Draft Separate Counts for Each Legal Claim. ... Plead Facts With Particularity Where Necessary.
2d 861 (Alaska 1984). Since punitive damages are a remedy and not an independent cause of action, punitive damages may be awarded only if the plaintiff prevails on one or more causes of action.
The prayer for relief is the part of complaint where a plaintiff states the damages or other remedies it is seeking from the court in a lawsuit. Federal Rules of Civil Procedure 8(a)(3) requires that a plaintiff's pleadings contains a prayer for relief. The prayer is often located at the end of the complaint.