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Who’s Afraid of Punitive Damages? – Conference in Augsburg, Germany

Conflict of Laws

by Salih Okur (University of Augsburg) On 8 and 9 March, scholars from more than a dozen different jurisdictions followed the invitation of Tobias Lutzi to discuss recent trends in punitive damages at the University of Augsburg, Germany. Rademacher then analysed whether punitive elements could be found in German tort law.

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Iowa Supreme Court limits financial damages for victims of excessive force by law enforcement officers

JURIST

The Iowa Supreme Court ruled Thursday that plaintiffs cannot recover punitive damages from the state when a law enforcement officer uses excessive force. Punitive damages are awarded as a way to punish the defendant and to deter that same conduct in the future.

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Stern Rebuke: Auburn University Hit With Punitive Damages in Free Speech Case

JonathanTurley

Notably, the jury awarded punitive damages against the university, a relative rarity for juries but well deserved in this case. In its earlier summary judgment ruling , the court began with a discussion of the highly analogous case of Pickering v. 2013), the Supreme Court in Pickering , 391 U.S. Pretty low odds.

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Chancery court lacked subject matter jurisdiction over defamation tort claims.

Day on Torts

Where the gravamen of plaintiff’s complaint was his tort claim for defamation seeking unliquidated damages, the chancery court did not have subject matter jurisdiction and the case should have been transferred to circuit court. The trial court denied the motion and ultimately found for plaintiff. In Lowery v.

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Account holders sue PayPal for allegedly withholding account funds

JURIST

Account holders Thursday filed a class action lawsuit against PayPal in the US District Court for the Northern District of California. Plaintiffs also alleged the tort of conversion, breach of contract, breach of fiduciary duty, and unjust enrichment.

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Compensatory damages equal to amount plaintiff paid for home affirmed in fraud case.

Day on Torts

The jury found defendant liable for intentional misrepresentation and awarded plaintiff $243,000 in compensatory damages, which was the purchase price of the home, and $250,000 in punitive damages. First, the Court of Appeals found that defendant waived his argument that the evidence supporting fraud was not legally sufficient.

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Tort Salad: Defamation, Conversion, Trespass to Chattels, False Light Invasion of Privacy, Trespass, NIED, IIED and Negligence

Day on Torts

Where plaintiff alleging defamation was a public figure but had pleaded in the complaint that defendants were “negligent and/or reckless in ascertaining the truth” of the statements, the trial court incorrectly granted judgment on the pleadings on the defamation and false light invasion of privacy claims. internal citation omitted).

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