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Tenn. Supreme Court rules against automaker
Court Watch |
2008/07/25 10:23
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| The state Supreme Court affirmed a trial court's decision to award a couple $13 million in punitive damages in a wrongful death lawsuit against DaimlerChrysler Corp. The lawsuit said 8-month-old Joshua Flax was riding in the back seat of a 1998 Dodge Caravan in Nashville in 2001 when the vehicle was rear-ended, causing the front passenger seat to collapse and the passenger to strike him, fracturing his skull. In a 3-2 ruling filed Thursday, the court said the automaker acted recklessly and the award of punitive damages was not excessive. However, the court reversed a lower court's decision to also award the victim's mother $6 million in punitive damages for emotional distress. A jury initially awarded the couple $98 million in punitive damages. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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