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32 Rhode Island opinions name it 2 courts 1984–2019 0 in the last five years
The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Sherman v. McDermottgreen2 sentences2019In order to recover punitive damages under Rhode Island law, a plaintiff must present "evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished." Palmisano , 624 A.2d at 318 (alteration omitted) (quoting Sherman v. McDermott , 114 R.I. 107 , 109, 329 A.2d 195 , 196 (1974) ). 2019In order to recover punitive damages under Rhode Island law, a plaintiff must present "evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished." Palmisano , 624 A.2d at 318 (alteration omitted) (quoting Sherman v. McDermott , 114 R.I. 107 , 109, 329 A.2d 195 , 196 (1974) ). | 6 | 13 |
Palmisano v. Tothgreen2 sentences2019In order to recover punitive damages under Rhode Island law, a plaintiff must present "evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished." Palmisano , 624 A.2d at 318 (alteration omitted) (quoting Sherman v. McDermott , 114 R.I. 107 , 109, 329 A.2d 195 , 196 (1974) ). 2010In addition, courts may only award punitive damages "upon evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounted to criminality, which for the good of society and warning to the individual, ought to be punished." Palmisano v. Toth , 624 A.2d 314 , 318 (R.I. 1993) (quoting Sherman v. McDermott , 114 R.I. 107 , 109 , 329 A.2d 195 , 196 (R.I. 1974)). | 3 | 17 |
Joseph Hagan v. Providence and Worcester R. R. Co.green2 sentences1989Co., 3 R.I. 88, 91 (1854), which was not a libel case, that in order to warrant a punitive damages award there must be "evidence of such wilfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.” When we applied this standard to the defamation action at issue in Gordon , we did not apply the criminality standard. 1984Accordingly, one seeking punitive damages must produce “evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.” Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196 (1974) (quoting Hagan v. Providence & Worcester Railroad Co., 3 R.I. 88, 91 (1854)); Adams v. Lorraine Manufacturing Co., 29 R.I. 333, 338 , 71 A. 180, 182 (1908). | 3 | 3 |
Morin v. Aetna Casualty & Surety Co.green2 sentences2004A party seeking punitive damages "must produce `evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished.'" Morin v. Aetna Cas. and Surety Co., 478 A.2d 964 , 967 (R.I. 1984) (quoting Sherman v. McDermott, 114 R.I. 107 , 109, 329 A.2d 195 , 196 (R.I. 1974)). 2004A party seeking punitive damages "must produce `evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished.'" Morin v. Aetna Cas. and Surety Co., 478 A.2d 964 , 967 (R.I. 1984) (quoting Sherman v. McDermott, 114 R.I. 107 , 109, 329 A.2d 195 , 196 (1974)). | 2 | 4 |
Adams v. Lorraine Manufacturing Co.green2 sentences1984Accordingly, one seeking punitive damages must produce “evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.” Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196 (1974) (quoting Hagan v. Providence & Worcester Railroad Co., 3 R.I. 88, 91 (1854)); Adams v. Lorraine Manufacturing Co., 29 R.I. 333, 338 , 71 A. 180, 182 (1908). 1984Accordingly, one seeking punitive damages must produce “evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, which for the good of society and warning to the individual, ought to be punished.” Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196 (1974) (quoting Hagan v. Providence & Worcester Railroad Co., 3 R.I. 88, 91 (1854)); Adams v. Lorraine Manufacturing Co., 29 R.I. 333, 338 , 71 A. 180, 182 (1908). | 2 | 2 |
Cady v. IMC Mortgage Co.green2 sentences2007Co ., 862 A.2d 202 , 219-220 (R.I. 2004) (citations omitted). "[A] party seeking an award of punitive damages bears the burden of producing `evidence of such willfulness, recklessness, or wickedness on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished.'" Soares v. Ann Hope, Inc. , 637 A.2d 339 , 351 (R.I. 1994) (citing Palmisano v. Toth , 624 A.2d 314 , 318 (R.I. 1993) (citation and quotations omitted)). 2007Co. . 862 A.2d 202 , 219 (R.I. 2004) ("The standard in Rhode Island for imposing punitive damages is rigorous and will be satisfied only in instances wherein a defendant's conduct requires deterrence and punishment over and above that provided in an award of compensatory damages.") Thus, this Court must "determine whether the party seeking punitive damages has met this high standard to support such an award. . . ." Id at 220. | 1 | 2 |
McFarland v. Briergreen1 sentence2002See McFarland, Read Lundy, Inc. v. Brier, 769 A.2d 605 , 611 (R.I. 2001) (holding that punitive damages are appropriate when there is evidence of such willfulness, recklessness, or wickedness on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual ought to be punished). | 1 | 1 |
The Emery-Waterhouse Company v. Rhode Island Hospital Trust National Bank, the Emery-Waterhouse Company v. Rhode Island Hospital Trust National Bankgreen1 sentence1993See also Emery-Waterhouse Co. v. Rhode Island Hospital Trust National Bank, 757 F.2d 399, 407 (1st Cir.1985); Jenison, 485 A.2d at 1244 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Regan v. Cherry Corp.
green
1 sentence2011Id. | 1 | 2011–2011 |
Allen v. Simmons
green
1 sentence2009In Allen , the Supreme Court noted that to obtain punitive damages, one must provide "`evidence of such willfulness, recklessness or wickedness, on the part of the party at fault, as amount[s] to criminality, that for the good of society and warning to the individual, ought to be punished.'" Id. at 543 (quoting Morin v. Aetna Cas. and Sur. | 1 | 2009–2009 |
Soares v. Ann & Hope of Rhode Island, Inc.
green
1 sentence2007Co ., 862 A.2d 202 , 219-220 (R.I. 2004) (citations omitted). "[A] party seeking an award of punitive damages bears the burden of producing `evidence of such willfulness, recklessness, or wickedness on the part of the party at fault, as amounts to criminality, which for the good of society and warning to the individual, ought to be punished.'" Soares v. Ann Hope, Inc. , 637 A.2d 339 , 351 (R.I. 1994) (citing Palmisano v. Toth , 624 A.2d 314 , 318 (R.I. 1993) (citation and quotations omitted)). | 1 | 2007–2007 |
Peckham v. Hirschfeld
green
2 sentences2002The arbitrator’s clarification is reasonable in light of the fact that the common law established by this Court requires á party seeking punitive damages to demonstrate the validity of the claim by producing evidence of “such maliciousness, wantonness or willfulness, ‘on the part of the party at fault, as amounted to criminality, which for the good of society and warning to the individual, ought to be punished.’ ” Id. (quoting Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196 (1974)). 2002The arbitrator's clarification is reasonable in light of the fact that *804 the common law established by this Court requires a party seeking punitive damages to demonstrate the validity of the claim by producing evidence of "such maliciousness, wantonness or willfulness, `on the part of the party at fault, as amounted to criminality, which for the good of society and warning to the individual, ought to be punished.'" Id. (quoting Sherman v. McDermott, 114 R.I. 107, 109 , 329 A.2d 195, 196 (1974)). | 1 | 2002–2002 |
Greater Providence Deposit Corp. v. Jenison
green
1 sentence1993See also Emery-Waterhouse Co. v. Rhode Island Hospital Trust National Bank, 757 F.2d 399, 407 (1st Cir.1985); Jenison, 485 A.2d at 1244 . | 1 | 1993–1993 |
Gertz v. Robert Welch, Inc.
green
2 sentences1989This elimination is consistent with our case law on defamation and the Gertz v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974) directive to apply the “actual malice” standard to claims by private individuals alleging defamation and claiming punitive damages. 1989This elimination is consistent with our case law on defamation and the Gertz v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974) directive to apply the “actual malice” standard to claims by private individuals alleging defamation and claiming punitive damages. | 1 | 1989–1989 |