JT,
Cal. Civ. Code § 3294.5. was repealed by its own terms, operative July 1, 2006. It is inapplicable to Conti.
Posts by 144001
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35Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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35
Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
Diest,
I have access to both, so I have an unfair advantage.
I'm curious to see how Conti's lawyers (Mr. Simon) respond to the court's order. I'm speculating that if the remittitur is indeed very significant, they'd probably go for the new trial on the damage amount.
I admire Mr. Simon's work on this case and the incredible result he achieved.
Edited to add: Diest, you have a pm.
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Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
<<<< Even so, 75% of Conti's punitive damages will be paid to a state fund and she will get only 25%.>>>
JT,
I'm not aware of any law in California that would require that 75 % of the punitive damages awarded to the plaintiff in the Conti case must be paid into a State fund. Can you provide a reference to the authority supporting this?
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Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
Diest,
Wikipedia is generally a great first stop on the research trail, but not in the legal world. The idea that punitive damages are limited to a ratio of 4:1 to compensatory damages or any other bright line ratio test was rejected by the U.S. Supreme Court in the BMW case referenced in your Wikipedia quote:
" Of course, we have consistently rejected the notion that the constitutional line is marked by a simple mathematical formula, even one that compares actual and potential damages to the punitive award. TXO, 509 U.S., at 458, 113 S.Ct., at 2720.FN37 Indeed, low awards of compensatory damages may properly support a higher ratio than high compensatory awards, if, for example, a particularly egregious act has resulted in only a small amount of economic damages. A higher ratio may also be justified in cases in which the injury is hard to detect or the monetary value of noneconomic harm might have been difficult to determine. It is appropriate, therefore, to reiterate our rejection of a categorical approach. Once again, “we return to what we said ... in Haslip: ‘We need not, and *583 indeed we cannot, draw a mathematical bright line between the constitutionally acceptable and the constitutionally unacceptable that would fit every case. We can say, however, that [a] general concer[n] of reasonableness ... properly enter[s] into the constitutional calculus.’ ” Id., at 458, 113 S.Ct., at 2720 (quoting **1603 Haslip, 499 U.S., at 18, 111 S.Ct., at 1043). In most cases, the ratio will be within a constitutionally acceptable range, and remittitur will not be justified on this basis. When the ratio is a breathtaking 500 to 1, however, the award must surely “raise a suspicious judicial eyebrow.” TXO, 509 U.S., at 481, 113 S.Ct., at 2732 ( O'CONNOR, J ., dissenting). " BMW of North America v. Gore (1996) 517 U.S. 559, 582 - 583.
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Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
I found it. It is case number HG11558324.
The Alameda County court webpage provides much more access to the public than most courts' webpages do. The order will be available live on the court's website, probably in the next couple of business days.
Those who underestimate counsel for the WTBTS are entirely ignorant of the realities of the legal world. The WTBTS was well represented. Jackson Lewis is a huge law firm with an incredible amount of legal resources at its disposal to accomplish the objectives of its wealthy clientele. The WTBTS had to pay a lot for the representation they had in the Conti case.
Obtaining a large jury verdict at trial against a law firm of Jackson Lewis' size and stature is a very impressive accomplishment for Candace Conti's lawyer, Mr. Simons.
It is a huge loss for the WTBTS. They paid a fortune in legal fees, only to have the case result in a $28 million judgment against them. It will be interesting to see whether Ms. Conti and her counsel will accept the remittitur determined by the court or whether they will choose to go through a new trial limited to the issue of the amount of punitive damages to be awarded. Of course, that decision will be very much dependent upon the amount of the remittitur determined by the court.
The bigger hit to the WTBTS is in the world of public relations. This case is an ugly blemish on their reputation.
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Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
You're welcome, whathappened.
I have not been following this case that closely but would be curious to look at the case documents. Does anyone have the case number?
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Order Conditionally Granting Motion For New Trial As To Punitive Damages Filed in Candace Conti Case
by DNCall in -
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144001
Without having seen the documents, I'm fairly confident that the "order conditionally granting motion for new trial as to punitive damages" in the Conti case means that the court has deemed the punitive damages award to be "excessive," and, pursuant to its authority under California Code of Civil Procedure Section 662.5, the court is "conditionally" ordering a new trial as to punitive damages; the condition is that the new trial as to punitive damages will occur unless plaintiff Conti accepts a reduction in the amount of such damages (such reduction in damages is determined by the court). The court-determined reduction in the damages is known as a "remittitur." Failure by Conti and her counsel to accept the remittitur determined by the court will result in a new trial on the issue of how much punitive damages should be awarded.
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Hospital Information Services Brochures!
by Atlantis ini don't think the every day rank-and-file jw gets one of these.
these brochure are still currently being used by the hospital information services for jehovah's witnesses..click the link in the blue box by the blue arrow..1.
2004-clinical strategies for managing hemorrhage and anemia without blood transfusion in critically ill patients.http://www.sendspace.com/file/ayxc7d.2.
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144001
The Watchtower is a horrible laxative. It just doesn't move me . . .
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Say It Ain't So, Lance!
by Quendi in[if gte mso 9]><xml> <o:officedocumentsettings> <o:allowpng /> </o:officedocumentsettings> </xml><!
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[endif][if gte mso 10]> <style> /* style definitions */ table.msonormaltable {mso-style-name:"table normal"; mso-tstyle-rowband-size:0; mso-tstyle-colband-size:0; mso-style-noshow:yes; mso-style-priority:99; mso-style-parent:""; mso-padding-alt:0in 5.4pt 0in 5.4pt; mso-para-margin-top:0in; mso-para-margin-right:0in; mso-para-margin-bottom:10.0pt; mso-para-margin-left:0in; line-height:115%; mso-pagination:widow-orphan; font-size:12.0pt; mso-bidi-font-size:11.0pt; font-family:"century schoolbook","serif";} </style> <![endif].
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144001
Lance has been tested more than any athlete in history, and has never tested positive for PEDs. The USADA wanted to use a kangaroo court to trash Lance's legacy based on the testimony of jealous competitors. I think Lance did the right thing. He refused to play their game. His decsion does not necessarily mean that he will be stripped of his titles, as it is not the USADA that has the final say on that.
I think Lance pissed off someone important in this country, and that's why the witch hunt continues. He may very well have doped, but since he never tested positive and is now retired, the USADA should not have undertaken this investigation.
Those who pointed the finger at Lance, including Floyd I forgot his last name, are jealous losers.
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She refused to Return His Calls After a First Date, Then in Rage, He Rants Out, Very Revealing
by Scott77 innb: this is internet re-post lindsay mannering's article.
enjoy reading.
comments (538)|likes (81)if ever there was a reason to hide under the covers with a box of wine and swear off menfor good, this might be it.
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144001
<<<< Good to reflect on what happens to societies that have no children.>>>>
It might be wiser to reflect on the effect that overpopulation has had on our planet . . .