What is the test for a jury to award punitive damages in a civil case?
MultiRegion, United States of America
The following excerpt is from Miller v. Akanno, Case No. 1:12-cv-01013-LJO-SKO (PC) (E.D. Cal. 2015):
2. The jury must find that Defendant's conduct was "motivated by evil motive or intent, or . . . involves reckless or callous indifference to the federally protected rights of others." Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625 (1986). Acts or omissions which are malicious, wanton, or oppressive support an award of punitive damages. Dang v. Cross, 422 F.3d 800, 807-08 (9th Cir. 2005).
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