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Missouri
Complaint for Conversion Seeking Punitive Damages

Missouri Complaint for Conversion Seeking Punitive Damages

Category:

Civil Procedure - Conversion

State:

Multi-State

Control #:

US-02074BG

Format:

Instant download

Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.

Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.

The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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How to fill out Complaint For Conversion Seeking Punitive Damages?

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FAQ

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.

The most recent case the Supreme Court has decided on the issue of the constitutionality of punitive damages is Philip Morris USA v. Williams. In that case, decided in 2007, the Court held that a jury may not award punitive damages for a defendant's conduct against individuals who are not parties to a suit.

The Supreme Court and the states provide guidelines for calculating punitive damages. Although there is no maximum sum, punitive damages typically do not exceed four times the amount of compensatory damages.

Governmental actors violate due process when they frustrate the fairness of proceedings, such as when a prosecutor fails to disclose evidence to a criminal defendant that suggests they may be innocent of the crime, or when a judge is biased against a criminal defendant or a party in a civil action.

Punitive damages may only be recovered if the trier of fact awards more than nominal damages or if the claim or claims for which nominal damages are solely awarded invoke privacy rights, property rights, or rights protected by the Constitution of the United States or the Constitution of the state of Missouri.

Again, using California as an example, courts have generally found punitive damages greater than 15 percent of a defendant's net worth to be excessive.

Section 510.265 - Limitations on punitive damages in certain cases 1. No award of punitive damages against any defendant shall exceed the greater of: (1) Five hundred thousand dollars; or (2) Five times the net amount of the judgment awarded to the plaintiff against the defendant.

Process acts as a check on undue jury discretion to award punitive damages in the absence of any express statutory limit." In 1991, the Court finally made explicit what it had been hinting: that the Due Process Clause limits the amount of a punitive damages award. In Pacific Mutual Life Insurance Co. v.

Puerto Rico 8.196 Failure to Appear or Surrender-Affirmative Defense

Virgin Islands 8.196 Failure to Appear or Surrender-Affirmative Defense

Alabama 8.20 Conspiracy-Elements

Alaska 8.20 Conspiracy-Elements

Arizona 8.20 Conspiracy-Elements

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