New York Jury Instruction - 7.1 Duty To Deliberate When Only The Plaintiff Claims Damages
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How to fill out Jury Instruction - 7.1 Duty To Deliberate When Only The Plaintiff Claims Damages?
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FAQ
It is rational where the actions complained of are harsh, vindictive, and show contempt for the rights of others. The quantum of punitive damages must also be RATIONAL. It is rational where the quantum is proportional to the wrong and the effect of the wrong committed by the defendant.
That said, under the New York City law, case law has established that punitive damages may be awarded if it is shown that an employer discriminated with ?willful or wanton negligence, or recklessness,? or where there is a ?conscious disregard of the rights of others or conduct so reckless as to amount to such disregard ...
You may award punitive damages only if you find that the defendant's conduct that harmed the plaintiff was malicious, oppressive or in reckless disregard of the plaintiff's rights. Conduct is malicious if it is accompanied by ill will, or spite, or if it is for the purpose of injuring the plaintiff.
The burden of proof in regards to punitive damages is ?clear and convincing evidence.? This is a heightened standard of proof than the normal standard of ?preponderance of evidence.? Therefore, it takes more to be awarded punitive damages.
418, the California Supreme Court articulated 'three guideposts' for courts reviewing punitive damages: ?(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and (3) the difference between the ...
Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant's conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.
In New York, courts have held that punitive damages can be appropriate when there's clear and convincing evidence that a defendant's conduct exhibits: Willful or wanton negligence, or. A high degree of moral turpitude.
In determining whether to award punitive damages, consider all relevant evidence, including but not limited to the following: (1) the likelihood, at the relevant time, that serious harm would arise from (defendant's) conduct; (2) (defendant's) awareness or reckless disregard of the likelihood that such serious harm ...