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- Title
Trends in Punitive Damages: From Nightmare to Restraint, Reprehensibility, and Proportionality.
- Authors
Catuogno, David S.; Conklin, Caitlin C.; Nowak, Aidan
- Abstract
This document explores the topic of punitive damages in franchise disputes, focusing on the evolution of these damages over the past thirty years. It discusses the Supreme Court's role in establishing guidelines for when punitive damages may be allowed and the limitations on their size. The importance of reprehensibility and proportionality in determining the scope of punitive awards is emphasized. The document also provides examples of Supreme Court cases and state court cases that have influenced the understanding and application of punitive damages in franchise-related lawsuits. Additionally, strategies for franchisors to avoid punitive damages claims are offered, including comprehensive agreements, maintaining a collaborative relationship with franchisees, and ensuring consistency in treatment.
- Subjects
EXEMPLARY damages; CONTRACTS; DUE process of law; CIVIL procedure; COMPENSATORY damages; PUNISHMENT; CIVIL penalties
- Publication
Franchise Law Journal, 2024, Vol 43, Issue 2, p167
- ISSN
8756-7962
- Publication type
Article