punitive-damages – Easy Law Finder

Pleading Punitive Damages in Federal Court: Must One Comply with F.S. 68.72?

May 18, 2024

—

by

In Florida, there’s a law that says you can’t ask for extra punishment in a lawsuit unless you have good evidence to back it up. But in federal court, it’s unclear if this law applies. Different federal courts in Florida have different opinions about it. So it can be confusing for lawyers who work in…

Florida Tort Reform 1999

May 18, 2024

—

by

Elf

in Florida BAR article

In early June, Governor Jeb Bush passed a new law in Florida that changes how lawsuits for certain things (like products that hurt people) work. Some key changes include a limit on how long you can sue for a defective product, and new defenses for companies to use in court. These changes are meant to…

Can Two Wrongs Make a Right to Seek Indemnification of Punitive Damages From a Liability Insurance Carrier?

May 18, 2024

—

by

Elf

in Florida BAR article

In some situations, an insured person may act in a really reckless or careless way, like driving drunk and causing a car accident. When this happens, their insurance company might not have to pay for any extra punishment costs, because they think it’s not fair for insurance to cover for that. However, if the insurance…

Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part I

May 18, 2024

—

by

Elf

in Florida BAR article

Florida courts have a rule that says you can’t get punitive damages if you’re seeking fair treatment (equitable relief) in court. Some courts think this rule is outdated and believe that you should be able to get punitive damages even if you’re seeking fair treatment. This has caused a divide in the courts. This article…

Punitive Damages Against Fiduciaries: Leaving Hoppe Behind and Allowing Punitive Damages Where Equitable Relief Is Sought, Part II

May 18, 2024

—

by

Elf

in Florida BAR article

In the last issue, we talked about whether punitive damages can be awarded in certain cases in Florida. This time, we’ll explain why those damages are available and clear up the old idea that they’re not allowed in these types of cases. In Florida, there’s a debate about whether juries should decide on punitive damages…

When Is a Manager a Managing Agent?

May 18, 2024

—

by

Elf

in Florida BAR article

After October 1, 1999, Florida law governs how companies can be held responsible for punitive damages. A court case called Schropp v. Crown Eurocars, Inc. explained two ways a company can be held responsible. The first way is if the company was negligent in hiring or keeping an employee who caused harm. The second way…

Untangling Taxes from Personal Injury Damages

May 18, 2024

—

by

Elf

in Florida BAR article

In personal injury cases, the amount of money awarded for lost future earning capacity can be affected by whether the jury considers the plaintiff’s potential earnings before or after taxes. This decision can significantly impact the final award. If the jury uses gross earnings (before taxes), the award will be higher than if they use…

Nuisance Trees: The Massachusetts or Hawaii Rule?

May 18, 2024

—

by

Elf

in Florida BAR article

Homeowners whose property is affected by nuisance trees may struggle to find legal representation due to liability issues and court outcomes being uncertain. The Massachusetts rule and the Hawaii rule offer different remedies for nuisance tree issues, and the Hawaii rule is considered a better fit for Florida. The Massachusetts rule allows for self-help as…

This Party’s Dead! But Will the Lawsuit Survive?

May 18, 2024

—

by

Elf

in Florida BAR article

When someone involved in a lawsuit dies, it can get very complicated. There are rules from the court and from the probate process that lawyers have to follow. This can be tricky, because not all lawyers know both sets of rules well. But there are ways to handle it. The court rules tell lawyers how…

Classification and Valuation of Damages Under Title VII

May 18, 2024

—

by

Elf

in Florida BAR article

The starting point for valuing liability in an employment case is to review the laws that define and limit the relief available. Title VII is one of the most challenging statutes, with added elements of damages that complicate the valuation process. It’s important to understand front pay and back pay, which are not subject to…

Corporate Misdeeds and Their Impact Upon Enforceability of Executive Employment Agreement Indemnification Provisions

May 18, 2024

—

by

Elf

in Florida BAR article

“The court ruled in favor of the plaintiff in the case against Company A for breach of contract. The plaintiff was awarded damages and attorney’s fees. This is a significant win for the plaintiff and sets a precedent for future similar cases.” Federal Reserve Chairman Alan Greenspan says that corporate greed has caused problems with…

Valuing Economic Damages in Employment Litigation from a Plaintiff’s Perspective, Part I

May 18, 2024

—

by

Elf

in Florida BAR article

Valuing economic damages in Title VII cases is more difficult than other types of cases like personal injury or breach of contract. In Title VII cases, there is a seniority-based benefits loss component that is unique and cannot be recovered with new employment. This makes it a permanent loss. Expert testimony is often excluded in…

Florida’s New Minimum Wage Provision: An Overview of the Amendment to the Florida Constitution

May 18, 2024

—

by

Elf

in Florida BAR article

In 2004, Floridians voted to add a minimum wage provision to the Florida Constitution, which increased the minimum wage to $6.15 per hour. The amendment also required annual adjustments to the wage based on inflation. This means that employers in Florida have to pay their employees at least this amount per hour. If someone thinks…

When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part I

May 18, 2024

—

by

Elf

in Florida BAR article

If you have a legal case but signed an agreement to resolve disputes through arbitration, it’s possible to challenge that agreement in court. The Federal Arbitration Act allows for some exceptions to enforceability, so not all arbitration agreements will be upheld by the courts. The decision on whether the agreement is enforceable will be made…

When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part II

May 18, 2024

—

by

Elf

in Florida BAR article

The question of who gets to decide if a dispute should be resolved through arbitration often comes up in court cases. In a famous case, the court decided that it should determine whether a contract required arbitration. However, in another case, the court ruled that an arbitration panel should decide if there was fraud in…

Obtaining Attorneys’ Fees in Florida Arbitrations: The Slowly Changing Law

May 18, 2024

—

by

Elf

in Florida BAR article

In Florida, there are laws about arbitration agreements. There used to be a disagreement about whether lawyers’ fees could be awarded in arbitration, but a court case called Turnberry Associates v. Service Station Aids, Inc. said that lawyersâ fees could be awarded if both parties agreed to it. This means that if you have a…

Why Punitive Damages and Criminal Sentences Are Reviewed Differently and What it Means to Your Appeal

May 18, 2024

—

by

Elf

in Florida BAR article

Sometimes courts treat similar questions in different ways, which can help lawyers make better arguments. For example, when it comes to deciding how much money someone should get as punishment or how long someone should go to jail, appellate courts look at them differently. This article will explain how understanding the reasons for these differences…

Pop Quiz: Why Is Fundamental Error Like Pornography?

May 18, 2024

—

by

Elf

in Florida BAR article

The fundamental error doctrine allows appellate courts to review errors in a case, even if they weren’t properly brought up in the lower court. It’s defined as an error that goes to the heart of the case and affects the party’s right to a fair trial. Figuring out if an error is fundamental can be…

Common Law Writs From the Practical to the Extraordinary

May 18, 2024

—

by

Elf

in Florida BAR article

In Florida, you usually have to wait until a court case is over before you can appeal a decision. But in special cases where waiting would cause serious harm, you can ask for immediate review through a common law writ. These writs are based on longstanding legal traditions and give you a special way to…

Certiorari Review of Nonfinal Orders: Does One Size Really Fit All? Part I

May 18, 2024

—

by

Elf

in Florida BAR article

In the past, astronauts said Tang was better than real orange juice, and designers made one-size-fits-all clothes that didn’t fit well. Florida courts use a test to decide on legal cases, but it’s not predictable and judges have to use their own judgments. The Florida Supreme Court has tried to make the test clearer, but…

What Damages can be Obtained for Insurance Misconduct?

Mar 7, 2024

—

by

Elf

in FAQ

Typically, the damages comprise of all harm caused by the insurance company’s failure to handle a loss adjustment “in good faith.” In certain situations, the fees of your own legal representative can also be recovered. In exceptional cases of extreme and shocking misconduct, punitive damages might be recoverable. If you face a lawsuit because the…

What Are the Laws in Florida Regarding Punitive Damages?

Mar 7, 2024

—

by

Elf

in FAQ

Punitive damages can be sought in all auto accident cases in Florida. They are typically awarded when the driver responsible for the accident is driving under the influence of alcohol or drugs.

What types of compensation can be sought in a personal injury case?

Mar 7, 2024

—

by

Elf

in FAQ

What is the value of a personal injury claim? The primary form of compensation, compensatory losses, can be further categorized into economic and non-economic damages. Economic damages encompass financial losses and expenses, such as medical bills, lost wages, property damage, and additional care costs. On the other hand, non-economic damages are more subjective and take…

What can I achieve through litigation?

Mar 7, 2024

—

by

Elf

in FAQ

The available remedies depend on the nature of the case. If you are the party looking to recover, the most common form of remedy sought is financial compensation. In a case involving a violation of an agreement, this can entail monetary compensation for the losses caused by the defendant’s breach or reimbursement for money already…

Tag: punitive-damages