Punitive Damages: Tort Reform & Fda Defenses: Hearings Before the Committee on the Judiciary, U. S. Senate

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Orrin G. Hatch
DIANE Publishing, 1995 - Law - 191 pages

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Page 78 - of Commerce of the United States, the National Association of Manufacturers, the Chemical Manufacturers Association, and the American Corporate Counsel Association, In Support of Petitioner at 9, Pacific Mut. Life Ins. Co. v. Haslip.
Page 8 - 408 US 104, 108-09 (1972) ("it is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined.");
Page 87 - See eg, Richard A. Posner, An Economic Approach to Legal Procedure and Judicial Administration, 2 J. Legal Stud. 399 (1973); GL Priest, Selective Characteristics of Litigation, 9 J Legal Stud. 399 (1980).
Page 48 - an action for breach of promise to marry decided in 1791, is one of the earliest cases that refers to punitive damages. The court instructed the jury "not to estimate the damages by any particular proof of suffering or actual loss; but to give damages for example's sake, to prevent such offenses in [the] future.
Page 97 - long ago as 1967, recognized the problems of multiple imposition of punitive damages: "We have the gravest difficulty in perceiving how claims for punitive damages in such a multiplicity of actions throughout the nation can be so administered as to avoid overkill.
Page 46 - The sites covered are not a representative sample of all jurisdictions across the country. Rather, they reflect a combination of regional balance and available source materials. In addition, our research also covers data for the years 1970 through 1990 for four
Page 99 - action . . . is an ineffectual response to the problem, because one state cannot control what happens in other jurisdictions. In fact, the state that acts alone may simply provide some relief to out-of-state manufacturers at the expense of its own citizen-victims, a situation that hardly provides much law reform incentive for state legislators.
Page 48 - instance a member of the New Hampshire Supreme Court characterized them in the following terms: "The idea is wrong. It is a monstrous heresy. It is an unsightly and unhealthy excrescence, deforming the symmetry of the body
Page 6 - I have now been in practice for nearly thirty years, mostly as a trial and appellate lawyer, with a four-year stint as Assistant Attorney General for the Office of Legal Counsel, United States Department of Justice. Thus, I have spent close to three decades representing clients caught up in the civil
Page 158 - clients are manufacturers of drugs and medical devices. Thank you for inviting me to testify here today on behalf of the Pharmaceutical Research and Manufacturers of America

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