Punitive damages

malpractice, it is the medical malpractice attorney's job to secure him or her damages for the pain and suffering which resulted from a doctor's negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state. There are two types of damages available to victims of medical malpractice. A successful malpractice…

discussing a personal injury case, “damages” simply refers to the losses that the victim experienced. An accident attorney from Ganim, Ganim & Ganim, P.C. in Bridgeport, CT, can help you determine what kind of damages you should seek compensation for if you sustained serious injuries in an accident that was not your fault. Here are three different types of personal injury damages: Special Compensatory Damages: The main purpose of special compensatory damages is to compensate for any monetary…

Tort reform is limiting the amount of punitive damages that can be recovered in a tort case making it harder for the plaintiff to have a case. Those against tort reform want no limit on the amount that can be recovered. I am against tort reform and believe there should be no limit on the damages that can be recovered. One of the goals of tort reform is to limit the amount of lawsuits that qualify to save the courts money. Some people in society believe the courts should hear more important…

Frank parked his car in the stadium parking lot. A fly ball landed in a car parked in the lot belonging to Frank. The parking lot attendant (Paul) saw the ball land in Frank’s car. Paul took the ball from Frank’s car and put it in his pocket. Another attendant say what happened and left a note on Frank’s windshield explaining what had happened. Frank files a conversion complaint against Paul. Issue How should the court rule on Frank’s conversion complaint? Rules In…

court and it worked. A bill was passed by congress that put caps on punitive damages and president Bill Clinton vetoed it. Then these groups went to state legislatures and advertised tort reform to its constituents who were tricked into believing that our judicial system was flawed and needed to be reformed all the wile using McDonald’s cases the basis of their argument and it worked which is why some states have caps on punitive damages (Hot…

1. Name of the case: Burnett v. National Enquirer • Citation: 144 Cal. App. 3d 99 • Year: 1983 • Court: California court of appeal • Judge: Opinion was by Roth, P. J. with assistance from Gates, J., concurring. As well as separate agreeing and dissenting opinion done by Beach, J. • Page/section of the book: 996 2. Statement of facts: • National enquirer (defendant) published an article in their gossip column about an innocent that occurred between Carol Burnett (Plaintiff) and Henry Kissinger…

In the case of Varner versus National Super Markets a seventeen year old female employee sued the company alleging sexual harassment. Ms. Varner worked for National Super Markets along with her fiancé. After complaining to her fiancé about the alleged sexual harassment, he twice complained to the store general manager and was informed by the manager that the company policy requires the person being harassed to file the complaint themselves. Ultimately no action was taken and eventually Ms.…

Unconscionable and Unenforceable After a period of time, Walker has fallen behind on payments and is now in collections, her granddaughter has composed a letter in Walker’s behalf, stating that the entire deal is unconscionable and therefore unenforceable. In contract law an unconscionable contract is one that is unjust or extremely one-sided in favor of the person who has the superior bargaining power. Courts find that unconscionable contracts usually result from the exploitation of consumers…

Case Citation: Bratton et. al. v. McDonough 91 A. 3d 1050 (2014) Background of Case: This is a civil case. It was tried by jury on July 16, 2012 in the State of Maine Superior Court of Somerset County. The jury found for the defendant. The plaintiff appealed to the Supreme Judicial Court of Maine. The case was decided on May 6, 2014. Facts: The plaintiffs in this case are Paula Bratton, Daniel Hills Sr., and their three children (represented by their parents). The defendant is Halsey McDonough.…

In the case of the EEOC v. AutoZone the plaintiff, the Equal Employment Opportunity Commission, filed an employment discrimination case on behalf of John Shepherd against Shepherd’s former employer AutoZone. The case alleged that AutoZone failed to provide reasonable accommodations for Shepherd’s disability and was therefore in violation of the American’s with Disabilities Act enacted in 1990. Shepherd started as a sales clerk with AutoZone in 1998 as a sales clerk and was promoted to parts…