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Extraterritoriality and punitive damages: is there a workable system? The U.S. Supreme should speak more definitively on the extent to which conduct in other instances and net worth may be used against defendants.
From:
Defense Counsel Journal
| Date:
October 1, 2003| Author:
Hull, Cordell A.
| COPYRIGHT 2003 International Association of Defense Counsels. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group.Copyright information
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OVER THE last decade, there has been a marked shift in the manner in which American courts award punitive damages. While it remains a goal of the judicial system to maintain the two-fold purpose of punitive damages--punishment of the offending party and deterrence of others--the U.S. Supreme Court recently laid down rules in State Farm Mutual Automobile Insurance Co. v. Campbell (1) that such damages may be awarded only if the defendant's constitutional rights are protected. Defend...
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