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State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), was a case in which the United States Supreme Court held that the due process clause usually limits punitive damage awards to less than ten times the size of the compensatory damages awarded and that punitive damage awards of four times the compensatory damage award is "close to the line of constitutional impropriety".
Generally, punitive damages, which are also termed exemplary damages in the United Kingdom, are not awarded in order to compensate the plaintiff, but in order to reform or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff.
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
A State's unintentional failure to object to the filing of a habeas corpus petition after the statute of limitations has expired does not prevent a district court from dismissing the petition on its own initiative Northern Ins. Co. of N.Y. v. Chatham County: 547 U.S. 268 (2006) sovereign immunity does not apply to admiralty suit against county ...
Many American jurisdictions with non-economic damage caps have defined non-economic damages by statute. While opponents of caps on damages in America argue that limiting total damages that jurors may award violate the right to a trial by jury , [ 21 ] tort law is a question of state law and only state constitutions can mandate or define the ...
In Australia, punitive damages are not available for breach of contract, [5] but are possible for tort cases.. The law is less settled regarding equitable wrongs. In Harris v Digital Pulse Pty Ltd, [6] the defendant employees knowingly breached contractual and fiduciary duties to their employer by diverting business to themselves and misusing its confidential information.
But that increase closely tracked the rise of the prison population as the war on drugs and punitive sentencing laws more than doubled incarceration rates from 1986 to 1996, the year the PLRA ...
Erie Doctrine, state statute of limitations vs. Federal Rules of Civil Procedure: Pruneyard Shopping Center v. Robins: 447 U.S. 74 (1980) Federalism, freedom of speech Jenkins v. Anderson: 447 U.S. 231 (1980) Criminal defendant's silence prior to arrest may be held against him in court Agins v. City of Tiburon: 447 U.S. 255 (1980) Zoning and ...
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related to: missouri punitive damage statute of limitations