A bill to provide a fair and balanced resolution to the problem of multiple imposition of punitive damages, and for other purposes.
Multiple Punitive Damages Fairness Act of 1997 - Prohibits punitive damages in any civil action in State or Federal court in which such damages are sought against a defendant based on the same act or course of conduct for which punitive damages have already been sought or awarded against such defendant.
Permits the court to award such punitive damages, subject to specified limitations, upon determining in a pretrial hearing that the claimant will offer new and substantial evidence of previously undiscovered, additional wrongful behavior on the part of the defendant, other than the injury to the claimant. Directs a court awarding punitive damages pursuant to such provision to: (1) make specific findings of fact on the record to support the award; (2) reduce the amount of the punitive portion of the damage award by the sum of the amounts of punitive damages previously paid by the defendant in prior actions based on the same act or course of conduct; and (3) prohibit disclosure to the jury of the court's determination and action.
Makes this Act inapplicable to any civil action involving damages awarded under any Federal or State statute that prescribes the precise amount of punitive damages to be awarded.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S454)
Read twice and referred to the Committee on Judiciary.
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