Punitive Damages

Punitive damages, in concept, should be large enough to deter the defendant and/or similar parties from pursuing a similarly egregious course of conduct. Such amounts may be limited by statute and/or case precedent.

We have applied accounting and financial reporting materiality standards as a benchmark for what constitutes punitive damages.
When working on behalf of a plaintiff in a case where the defendant’s conduct was nearly identical to that which was the basis for a damage award against the same defendant in a prior case -


We quantified the minimum amount necessary to meet the threshold of materiality to the defendant’s financial reporting. The case settled with the payment of a lesser but substantial amount in excess of compensatory damages.
When working on behalf of a defendant against whom product liability related punitive damages had been awarded in several cases, and were claimed in several pending cases -

We identified and summed the punitive amounts awarded in several of the completed cases, and demonstrated that this sum was clearly in excess of the minimum amount necessary to meet the threshold of materiallity to the defendant’s financial reporting. Many of the pending and unfiled product liablity claims were settled in a defendant filed federal class action proceeding.

Also see - Lost Profits - Disgorgement Recoveries - Loss of Use Damages

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