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sir pball

(4,770 posts)
46. The $12mil was punitive damages - Koch didn't, legally couldn't, ask for that much.
Tue Apr 16, 2013, 11:13 AM
Apr 2013

Plaintiffs can't ask for punitive damages: "Punitive damages, also known as exemplary damages, may be awarded by the trier of fact (a jury or a judge, if a jury trial was waived) in addition to actual damages, which compensate a plaintiff for the losses suffered due to the harm caused by the defendant...Unless otherwise required by statute, the award of punitive damages is left to the discretion of the trier of fact."

Koch was suing for the $320K he paid for the wine - the jury awarded the $500K/bottle punitive damages on their own. Like the McD's coffee case, she asked for her medical expenses and the jury went overboard with the punitive damages. I'm not offering an opinion on "tort reform" either way and certainly not defending Billy boy, just pointing out that it wasn't his doing.

What a silly asshole. Suing over overpriced wine? Cooley Hurd Apr 2013 #1
Tort reform is for thee (peons) not for me. PA Democrat Apr 2013 #3
Yes, the very people who scream for tort reform PA Democrat Apr 2013 #2
"says he may use the proceeds to establish a fund to confront auction fraud" 0rganism Apr 2013 #4
I feel bad for the 1%. There very nature makes them a target for fraud. rhett o rick Apr 2013 #5
Koch drank my pickup truck. GiveMeFreedom Apr 2013 #6
Nicely done! lexw Apr 2013 #40
K&R ....sonofa... ...Equal Justice Under Law..... n/t johnnyreb Apr 2013 #7
Purportedly from Hitler's personal collection or something? moondust Apr 2013 #8
Hold the bottle formercia Apr 2013 #9
off subject, that line reminded me of... louis-t Apr 2013 #22
True story formercia Apr 2013 #26
A thousand times? Then maybe he said it more than he did it. AnotherMcIntosh Apr 2013 #41
I don't get your point formercia Apr 2013 #43
IMO, he was speaking somewhat with nostalgia after Oct 1939 because they were no longer married. AnotherMcIntosh Apr 2013 #44
True, perhaps, but Hollywood is a different dimension. formercia Apr 2013 #45
Meanwhile 47of74 Apr 2013 #10
Oh no, you misunderstood him gollygee Apr 2013 #11
These assholes have no conscious. Initech Apr 2013 #12
He got the best justice money can buy. nt SunSeeker Apr 2013 #13
Justices. I'm sure he's bought more than one. nt valerief Apr 2013 #25
Kick. johnnyreb Apr 2013 #14
do as I say...not as I do ZRT2209 Apr 2013 #15
Wow, punitive damages that high over wine are imo excessive. cstanleytech Apr 2013 #16
punitive to the tune of half a million per bottle.... Theyletmeeatcake2 Apr 2013 #18
For $13,333 per bottle mythology Apr 2013 #17
Tangent: a very interesting article on wine fraud Recursion Apr 2013 #19
K&R. Wish your headline was used by Reuters too. Overseas Apr 2013 #20
Hope he doesn't drown in his 12 bottles of wine? Rosa Luxemburg Apr 2013 #21
Appeal the decision! santamargarita Apr 2013 #23
The wine fraud crisis has reached critical mass in the rarified world of the ruling class. valerief Apr 2013 #24
Let them drink Boones Farm lunasun Apr 2013 #27
Let them drink their own piss! nt valerief Apr 2013 #29
David and Charles Kock are the main "Koch Brothers", not William happyslug Apr 2013 #28
I've always used Bill as a comparison to Ross Perot... rwsanders Apr 2013 #38
This lawsuit was NOT frivolous and Koch was 100% correct badtoworse Apr 2013 #30
I think it's the massive damages asked for that makes it seem insipid brett_jv Apr 2013 #36
Rich People Problems Caeser67 Apr 2013 #31
All in the Family Gestas Apr 2013 #32
She's married to Robert Koch blogslut Apr 2013 #33
are you sure it's a completely different family? i've read it's the same family, though i've not HiPointDem Apr 2013 #35
Welcome to DU Gestas! hrmjustin Apr 2013 #34
You know what would have prevented this fraud? Better regulation. (nt) Nine Apr 2013 #37
I hate this duo. lexw Apr 2013 #39
Great wealth can apparently overcome the punitive-damages guidelines of the Supreme Court AnotherMcIntosh Apr 2013 #42
The $12mil was punitive damages - Koch didn't, legally couldn't, ask for that much. sir pball Apr 2013 #46
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