Thanks 144001. This would certainly be a place where " the monetary value of noneconomic harm might have been difficult to determine." I dont have access to West or Lexis right now.
Posts by Diest
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35Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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35
Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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Diest
I had thought about a judgment reduction and not posted it before. The Jury granted $7 Million in compensatory damages. The WTS is only on the hook for $2.8 million dollars of that those damages, yet they have to pay $21 million dollars in punitive damages. That makes the punitive damages 7.5 times the compensatory damages.
When deciding on punitive damages the courts have said that punitive damages should usually be lower than 4 times the compensatory damages if they are to remain Constitutional. So it is likely that the WTS could have the damages reduced to $8.4 million in punitive damages (a 3 times multiple) and $2.4 million in compensatory damages. $10.8 million is still a lot but it is dramatically less than the original amount.
Wiki:
Punitive damages are a settled principle of common law in the United States. [16] They are generally a matter of state law (although they can also be awarded under Federal maritime law), and thus differ in application from state to state. In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law. Many state statutes are the result of insurance industry lobbying to impose "caps" on punitive damages; however, several state courts have struck down these statutory caps as unconstitutional. [17]
The general rule is that punitive damages cannot be awarded for breach of contract. But if an independent tort is committed in a contractual setting, punitive damages can be awarded for the tort. [18] Punitive damages are usually reserved for when the defendant has displayed actual intent to cause harm (such as purposefully rear-ending someone else's car), rather than in cases of mere negligence. [19]
Punitive damages are a focal point of the "tort reform" debate in the United States, where numerous highly-publicized multi-million dollar verdicts have led to a fairly common perception that punitive damage awards tend to be excessive. However, statistical studies by law professors and the Department of Justice have found that punitive damages are only awarded in two percent of civil cases which go to trial, and that the median punitive damage award is between $38,000 and $50,000. [17]
There is no maximum dollar amount of punitive damages that a defendant can be ordered to pay. In response to judges and juries which award high punitive damages verdicts, the Supreme Court of the United Stateshas made several decisions which limit awards of punitive damages through the due process of law clauses of the Fifth and Fourteenth Amendments to the United States Constitution. In a number of cases, the Court has indicated that a 4:1 ratio between punitive and compensatory damages is high enough to lead to a finding of constitutional impropriety, and that any ratio of 10:1 or higher is almost certainly unconstitutional.
In Liebeck v. McDonald's Restaurants (1994), a very high and therefore often criticized amount of damages were awarded to a woman who burned herself with hot coffee she purchased from McDonald's.
In BMW of North America, Inc. v. Gore (1996), the Court ruled that an excessive punitive award can amount to an arbitrary deprivation of property in violation of due process. The Court held that punitive damages must be reasonable, as determined by the degree of reprehensibility of the conduct that caused the plaintiff's injury, the ratio of punitive damages to compensatory damages, and any comparable criminal or civil penalties applicable to the conduct. In State Farm Auto. Ins. v. Campbell (2003), the Court held that punitive damages may only be based on the acts of the defendants which harmed the plaintiffs. The Court also elaborated on the factors courts must apply when reviewing a punitive award under due process principles.
Most recently, in Philip Morris USA v. Williams (2007), the Court ruled that punitive damage awards cannot be imposed for the direct harm that the misconduct caused others, but may consider harm to others as a function of determining how reprehensible it was. More reprehensible misconduct justifies a larger punitive damage award, just as a repeat offender in criminal law may be punished with a tougher sentence. Dissenting in the Williams case, Justice John Paul Stevens found that the "nuance eludes me," suggesting that the majority had resolved the case on a distinction that makes no difference.
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306
I Believe Catholicism And Its Trappings Are Silly, Strange & Weird!!!
by minimus inmy italian friend loves going to the "feasts" that occur in italy, boston or nyc.
these feasts feature a "saint" with dollar bills pinned around her and they parade the saint in a long procession and chant "viva (whomever)".
they are quite serious about this and are proud to talk about the past generations of observers who appreciated the events.
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Diest
How are you going to throw " National Socialism's paganism" into the mix with Atheists? Weren't Facists/Nazis and Communits enemies? Didn't the Catholics lend support toe the National Socialists? Quit reaching.
None of the Atheist you have met are supporting the ideas of a Central State Communism. If you include Pol Pot who was just was anti-science as he was anti-religion, then I can include any religious group that has ever appeared. In the end the theistic umbrella includes more than enough evil people to balance out that "score."
Prince Norodom Sihanouk was the former king of Cambodia from 1941 as well as Head of State from 1955 to 1970 before resigning in 1976. He once said of Pol Pot:
"Pol Pot does not believe in God but he thinks that heaven, destiny, wants him to guide Cambodia in the way he thinks it the best for Cambodia, that is to say, the worst. Pol Pot is mad, you know, like Hitler."
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ON NOW 20/20 Jaycee Dugard kidnapping by Jehovah's Witness couple the Gulardos -update
by Balaamsass inon right now (possibly on website) jc dugard update.
gulardos were assigned to same hall as current candice conti abuser antioch ca/brentwood, ca hall..
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Diest
MK Ultra....Prog put your hat on.
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306
I Believe Catholicism And Its Trappings Are Silly, Strange & Weird!!!
by minimus inmy italian friend loves going to the "feasts" that occur in italy, boston or nyc.
these feasts feature a "saint" with dollar bills pinned around her and they parade the saint in a long procession and chant "viva (whomever)".
they are quite serious about this and are proud to talk about the past generations of observers who appreciated the events.
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Diest
Granted,
Nearly every fundamentalist protestant group I know of dislikes, and mistrusts the catholics. They dont even seem to be on the edge of Atheism. Seems that most non catholics are rather anti-catholic. It is a giant group that painted a giant bullseye on itself. We know their history.
I am excited for the day that we get a Non-Euro Pope. Latin America, and Africa have much better participation on the local level, so it only seems fair that we get a non euro-pope. I will love to hear from some of the more racist elements around the world when we have an African or Latino Pope.
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254
She refused to Return His Calls After a First Date, Then in Rage, He Rants Out, Very Revealing
by Scott77 innb: this is internet re-post lindsay mannering's article.
enjoy reading.
comments (538)|likes (81)if ever there was a reason to hide under the covers with a box of wine and swear off menfor good, this might be it.
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Diest
Thought so....dont try and calim the wests Mexicans in Florida....stick to your fried bannanas
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254
She refused to Return His Calls After a First Date, Then in Rage, He Rants Out, Very Revealing
by Scott77 innb: this is internet re-post lindsay mannering's article.
enjoy reading.
comments (538)|likes (81)if ever there was a reason to hide under the covers with a box of wine and swear off menfor good, this might be it.
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Diest
Are Whovos rancheros mexican, spanish, or cuban?
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"Reddit Atheism"
by botchtowersociety inis there such a thing as what this article describes?.
http://www.vice.com/read/hey-atheists-just-shut-up-please.
hey atheists, just shut up please.
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Diest
Bahhhhhhhhhhh! NC you are too kind.
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254
She refused to Return His Calls After a First Date, Then in Rage, He Rants Out, Very Revealing
by Scott77 innb: this is internet re-post lindsay mannering's article.
enjoy reading.
comments (538)|likes (81)if ever there was a reason to hide under the covers with a box of wine and swear off menfor good, this might be it.
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Diest
Dirty Rockafeller data from jgnat. How long have they been paying you to supress the population eh jg? Years I suspect! You Illuminati scum are all the same.
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Say It Ain't So, Lance!
by Quendi in[if gte mso 9]><xml> <o:officedocumentsettings> <o:allowpng /> </o:officedocumentsettings> </xml><!
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[endif][if gte mso 10]> <style> /* style definitions */ table.msonormaltable {mso-style-name:"table normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:12.0pt; mso-bidi-font-size:11.0pt; font-family:"century schoolbook","serif";} </style> <![endif].
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Diest
and you are basing this assertion on.....?
He is a conservative who made and estimate.
