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Damages

About: Damages is a research topic. Over the lifetime, 9365 publications have been published within this topic receiving 89750 citations. The topic is also known as: compensation award.


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Journal ArticleDOI
TL;DR: While this procedure, if upheld on appeal, may offer financial benefits for tobacco victims and the tobacco control community, it may also effectively quash tobacco litigation in America.
Abstract: Just how important is litigation in achieving the goals of the tobacco control community? When a Los Angeles jury recently assessed $28 billion in punitive damages against Philip Morris in Bullock v Philip Morris Companies1 the tobacco control community cheered. The jury had calculated that only one in 28 000 Californians who have suffered from tobacco caused disease ever sues, so to make Philip Morris confront the real cost of its misbehaviour, they multiplied a typical $1 million compensatory damage award (for medical bills, lost wages, and pain and suffering) by 28 000. Right on! Even though the trial judge subsequently reduced the award to $28 million2 that is still enough to encourage many more suits to be filed. Why ask “why tobacco litigation?” The reason is that the tobacco control community may soon have to decide just how important litigation is to achieving our goals. Two current examples put the issue nicely. First, the recently certified “Simon II” punitive damage class action3 would strip the punitive damages claims from all cases that may be brought against tobacco companies by Americans who have become ill from their products, and allow these instead to be decided by a single jury verdict or settlement. Although in theory plaintiffs would still be able to recover compensatory damages in individual actions (medical expenses, lost income, pain and suffering, and so on), in practice they may not be able to find lawyers willing to take their case on contingency fee where punitive damages are off the table. Thus while this procedure, if upheld on appeal, may offer financial benefits for tobacco victims and the tobacco control community, it may also effectively quash tobacco litigation in America. Furthermore, a possible jury decision finding the tobacco companies owe little or no punitive damages would …

53 citations

Book
01 Oct 2008
TL;DR: In this paper, the status quo is not an option, and we need to buy insurance for the planet to protect our children's lives and their children's futures, as well as the planet's future.
Abstract: * Acknowledgments * 1. The Status Quo is Not an Option * 2. Your Grandchildren's Lives are Important * 3. We Need to Buy Insurance for the Planet * 4. Climate Damages are too Valuable to Have Prices * 5. Some Costs are Better than Others * 6. Hot, it's Not: Climate Economics According to Lomberg * 7. Much Less Wrong: The Stern Review vs its Critics * 8. Climate, Equity and Development * 9. What is to be Done? * Notes * References * Index

53 citations

Posted Content
TL;DR: In this paper, the authors discuss the law and policy of monetary awards, including exemplary damages and litigation cost recoveries, that go beyond the compensatory damages to which prevailing parties in patent litigation are normally entitled.
Abstract: This chapter discusses the law and policy of monetary awards—including exemplary damages and litigation cost recoveries—that go beyond the compensatory damages to which prevailing parties in patent litigation are normally entitled. Up to treble damages are authorized in the United States for knowing infringement, but attorney fees are awarded only in exceptional cases. The rest of the world tends towards the opposite: attorney fees are awarded as a matter of course, but punitive damages are generally prohibited as against public policy. In this chapter we discuss the theory, law, and policy of enhanced damages and attorney fee awards in the U.S., Europe, and Asia. While the availability of enhanced damages and fees can bring accused infringers that might otherwise “holdout” to the table, care must also be taken to ensure that it does not discourage productive learning from patents or challenges to overbroad and vague patents. Rather than endorsing any single set of doctrinal rules, we recommend further research into a number of unanswered questions about current and potential future configurations, in order to inform future policy-making.

53 citations

Journal ArticleDOI
TL;DR: In this article, the authors modeled both the net cost and distribution of environmental damages from one year of aviation operations across the three environmental domains, and found that populations living at airport boundaries face damages of $100-400 per person per year from aircraft noise and between $5-16 per person in 2006 dollars.

53 citations

Journal ArticleDOI
TL;DR: In this paper, the effects of judgment proofness on precaution depend on whether the injurer can reduce the probability of the accident, the magnitude of the harm, or both, and different legal solutions to the problem are examined: punitive damages, average compensation, undercompensation, accurate compensation, and negligence.
Abstract: This study shows that the effects of judgment proofness on precaution depend on whether the injurer can reduce the probability of the accident, the magnitude of the harm, or both. Different legal solutions to the problem are examined: punitive damages, average compensation, undercompensation, accurate compensation, and negligence. We find that when the injurer can only reduce the probability of the accident, negligence with average compensation is the best solution, but negligence with perfectly compensatory damages is the desirable solution if the injurer can only or also affect the magnitude of the harm.

53 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
20242
2023929
20221,943
2021234
2020340
2019324