FLORIDA BUSINESS LITIGATION: CLAIMS FOR PUNITIVE DAMAGES DO NOT IMPOSE ADDITIONAL BURDENS ON PLAINTIFFS ASSERTING FRAUD CLAIMS

Punitive damages punish and dissuade wrong-doers from committing egregious acts by increasing the damages award to exceed compensable injuries. Cooper Indus., Inc. v. Leatherman Tool Group, Inc., 532 U.S. 424, 432 (2001) (the purpose of punitive damages is to punish and deter future wrongdoing); Engle v. Liggett Group, Inc., 945 So. 2d 1246, 1265 (Fla. 2006) (Punitive damages are calculated by multiplying the compensatory damages award by a number less than 10). A claim for punitive damages is therefore an important weapon in a litigant’s arsenal because it creates liability and risk exposure exceeding the value of the plaintiff’s actual claim. See State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408, 425 (2003) (“The Court further referenced a long legislative history, dating back over 700 years and going forward to today, providing for sanctions of double, treble, or quadruple damages to deter and punish.”). Because the incentive to pursue punitive…

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