Under what circumstances might a punitive damage award be unconstitutional?

That the applicable punitive damages statute could not have given notice that the conduct was prohibited) or through the lens of the common law (in the sense that the defendant's conduct could not be deemed objectively unreasonable), the Constitution prohibits the imposition of punishment under such circumstances.

Under what circumstances should a court consider award of punitive damages?

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.

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

West Virginia Complaint for Specific Performance to Enforce Settlement and for Punitive Damages

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

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.

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

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.

(c) The amount of punitive damages that may be awarded in a civil action may not exceed the greater of four times the amount of compensatory damages or $500,000, whichever is greater. The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience.

That the applicable punitive damages statute could not have given notice that the conduct was prohibited) or through the lens of the common law (in the sense that the defendant's conduct could not be deemed objectively unreasonable), the Constitution prohibits the imposition of punishment under such circumstances.

Punitive damages are difficult to get because plaintiffs are typically required to show that the defendant acted in a particularly reprehensible manner.

Punitive damages are considered punishment and are typically awarded at the court's discretion when the defendant's behavior is found to be especially harmful. Punitive damages are normally not awarded in the context of a breach of contract claim. See e.g. O'Gilvie Minors v.