6. a. Before entering judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating such conduct. If necessary to satisfy the requirements of this section, the judge may reduce the amount of or eliminate the award of punitive damages.
b. No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that defendant for compensatory damages or $350,000, whichever is greater.
c. The provisions of subsection b. of this section shall not apply to causes of action brought pursuant to P.L.1993, c.137 (C.2A:53A-21 et seq.), P.L.1945, c.169 (C.10:5-1 et seq.), P.L.1989, c.303 (C.26:5C-5 et seq.), P.L.1992, c.109 (C.2A:61B-1) or P.L.1986, c.105, (C.34:19-1 et seq.), or in cases in which a defendant has been convicted pursuant to N.J.S.2C:11-3, N.J.S.2C:11-4, R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a) or the equivalent under the laws of any other jurisdiction.
Notes of Decisions
Ward v. Barnes, 545 F. Supp. 2d 400 (D.N.J. 2008).
· cites it 2× “The only statute that appears to describe the relationship between compensatory and punitive damages is N.J. Stat. Ann. § 2A:15-5.14(b), which provides: “No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that…”
Raspa v. Home Depot, 533 F. Supp. 2d 514 (D.N.J. 2007).
· cites it 2× “See N.J.S.A. § 2A:15-5.14(b). Combined with compensatory damages, the punitive damages will likely bring Plaintiffs’ damages in excess of the $75,000 jurisdictional requirement.”
Granovsky v. Pfizer, Inc., 631 F. Supp. 2d 554 (D.N.J. 2009).
· cites it 2× “”); see also N.J.S.A. § 2A:15-5.14(b) (New Jersey law permitting punitive damages up to five times compensatory damages).”
Kaiser v. Johnson & Johnson & Ethicon, Inc., 334 F. Supp. 3d 923 (N.D. Ind. 2018).
· cites it 2× “"Before entering *947 judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating…”
Deutsch v. Novartis Pharm. Corp., 723 F. Supp. 2d 521 (E.D.N.Y 2010).
“N.J. Stat. Ann. § 2A:15-5.14(b). In addition, under the New Jersey Products Liability Act, punitive damages are not available if a product was approved by the FDA, unless “the product manufacturer knowingly withheld or misrepresented information required to be submitted under…”
Molenaar v. United Cattle Co., 553 N.W.2d 424 (Minn. Ct. App. 1996).
· cites it 2× “) (punitive damages outlawed unless provided by statute); N.J. Stat. Ann. § 2A:15-5.14 (West 1996 Supp.”
Brown v. Johnson, 64 F. Supp. 3d 717 (E.D. Pa. 2014).
“5, 2012) (plaintiffs must prove the basis for punitive damages by clear and convincing evidence), and N.J. Stat. Ann. § 2A:15-5.12(a) (same), with Wolfe v.”
Stromenger v. Novartis Pharm. Corp., 941 F. Supp. 2d 1288 (D. Or. 2013).
· cites it 2× “[I]n contrast to California, New Jersey limits punitive damages “in any action in an amount in excess of five times the liability of the defendant for compensatory damages or $350,000, whichever is greater,” N.J. Stat. Ann. § 2A:15-5.14, subd. (b)(emphasis added).”
Ziemkiewicz v. R + L Carriers, Inc., 996 F. Supp. 2d 378 (D. Maryland 2014).
“Because a potential award of punitive damages could vary significantly depending on which state’s law controls, it is necessary under New Jersey law to determine which state has the “most significant relationship with the occurrence and the parties.”
— N.J. Stat. § 2A:15-5.14(a) — 14 cases
Kaiser v. Johnson & Johnson & Ethicon, Inc., 334 F. Supp. 3d 923 (N.D. Ind. 2018).
“"Before entering *947 judgment for an award of punitive damages, the trial judge shall ascertain that the award is reasonable in its amount and justified in the circumstances of the case, in light of the purpose to punish the defendant and to deter that defendant from repeating…”
— N.J. Stat. § 2A:15-5.14(b) — 23 cases
Ward v. Barnes, 545 F. Supp. 2d 400 (D.N.J. 2008).
“The only statute that appears to describe the relationship between compensatory and punitive damages is N.J. Stat. Ann. § 2A:15-5.14(b), which provides: “No defendant shall be liable for punitive damages in any action in an amount in excess of five times the liability of that…”
Raspa v. Home Depot, 533 F. Supp. 2d 514 (D.N.J. 2007).
“See N.J.S.A. § 2A:15-5.14(b). Combined with compensatory damages, the punitive damages will likely bring Plaintiffs’ damages in excess of the $75,000 jurisdictional requirement.”
Granovsky v. Pfizer, Inc., 631 F. Supp. 2d 554 (D.N.J. 2009).
“”); see also N.J.S.A. § 2A:15-5.14(b) (New Jersey law permitting punitive damages up to five times compensatory damages).”
Deutsch v. Novartis Pharm. Corp., 723 F. Supp. 2d 521 (E.D.N.Y 2010).
“N.J. Stat. Ann. § 2A:15-5.14(b). In addition, under the New Jersey Products Liability Act, punitive damages are not available if a product was approved by the FDA, unless “the product manufacturer knowingly withheld or misrepresented information required to be submitted under…”
— N.J. Stat. § 2A:15-5.14(c) — 4 cases
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