<?xml version="1.0" encoding="UTF-8"?><rss version="2.0" xmlns:content="http://purl.org/rss/1.0/modules/content/" xmlns:dc="http://purl.org/dc/elements/1.1/" xmlns:atom="http://www.w3.org/2005/Atom" xmlns:sy="http://purl.org/rss/1.0/modules/syndication/" > <channel><title>Comments on: Punitive damages</title> <atom:link href="http://www.kevinmd.com/blog/2008/03/punitive-damages.html/feed" rel="self" type="application/rss+xml" /><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html</link> <description></description> <lastBuildDate>Tue, 14 Feb 2012 11:46:00 +0000</lastBuildDate> <sy:updatePeriod>hourly</sy:updatePeriod> <sy:updateFrequency>1</sy:updateFrequency> <xhtml:meta xmlns:xhtml="http://www.w3.org/1999/xhtml" name="robots" content="noindex" /> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html#comment-84578</link> <dc:creator>Anonymous</dc:creator> <pubDate>Thu, 27 Mar 2008 01:52:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/punitive-damages.html#comment-84578</guid> <description>&quot;You prosecute the officers of the corporation and those employees responsible for committing crimes,&quot;&lt;br/&gt;&lt;br/&gt;Then why have entities at all if you&#039;re going to pierce the veil for civil fraud and charge it as a criminal act?  War crimes in international courts are not comparable to civil actions in US courts.&lt;br/&gt;&lt;br/&gt;And often, the punitive damages are assessed under the theory of respondeat superior.&lt;br/&gt;&lt;br/&gt;&quot;This story is about punitive damage awards being found unreasonable by foreign courts, based on their longstanding criticisms of the theory of punitive damages. Re-read the story.&quot;&lt;br/&gt;&lt;br/&gt;Story has been read.  And the answer is - so?  Why do I get the feeling that you need to understand a little more about the subject before you pontificate on it.  How about you read a case where punitive damages have been assessed so you can understand the applicable standards?</description> <content:encoded><![CDATA[<p>&#8220;You prosecute the officers of the corporation and those employees responsible for committing crimes,&#8221;</p><p>Then why have entities at all if you&#8217;re going to pierce the veil for civil fraud and charge it as a criminal act?  War crimes in international courts are not comparable to civil actions in US courts.</p><p>And often, the punitive damages are assessed under the theory of respondeat superior.</p><p>&#8220;This story is about punitive damage awards being found unreasonable by foreign courts, based on their longstanding criticisms of the theory of punitive damages. Re-read the story.&#8221;</p><p>Story has been read.  And the answer is &#8211; so?  Why do I get the feeling that you need to understand a little more about the subject before you pontificate on it.  How about you read a case where punitive damages have been assessed so you can understand the applicable standards?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html#comment-84569</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 26 Mar 2008 22:33:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/punitive-damages.html#comment-84569</guid> <description>&gt;&gt;&quot;That may be your notion, but that&#039;s not exactly any longstanding legal theory. How exactly do you apply criminal law standards to a corporation?&quot;&lt;br/&gt;&lt;br/&gt;If you knew any history, you wouldn&#039;t  ask that question. But I guess you got distracted by other poster&#039;s misspellings. So you are fair game IMO.&lt;br/&gt;&lt;br/&gt;You prosecute the officers of the corporation and those employees responsible for committing crimes,&lt;br/&gt;you know, that criminal prosecution stuff. But you ask about the corporation as a legally culpable entity. And yes, corporations have been successfully convicted of crimes, one of which, to round you out a little, was I.G. Farben after WWII, which was prosecuted for war crimes.&lt;br/&gt;&lt;br/&gt;&lt;br/&gt;&lt;&lt;&quot;This claim is based on. . . ? If you can&#039;t spell the word, how are you so sure what multinational pharmaceuticals think of?&quot;&lt;br/&gt;&lt;br/&gt;You need to worry more about your ability to connect your thoughts in a logical way. This story is about punitive damage awards being found unreasonable by foreign courts, based on their longstanding criticisms of the theory of punitive damages. Re-read the story.&lt;br/&gt;&lt;br/&gt;&lt;br/&gt;Why do I get the feeling you don&#039;t know as much about the law as you think you do?</description> <content:encoded><![CDATA[<p>>>&#8221;That may be your notion, but that&#8217;s not exactly any longstanding legal theory. How exactly do you apply criminal law standards to a corporation?&#8221;</p><p>If you knew any history, you wouldn&#8217;t  ask that question. But I guess you got distracted by other poster&#8217;s misspellings. So you are fair game IMO.</p><p>You prosecute the officers of the corporation and those employees responsible for committing crimes,<br />you know, that criminal prosecution stuff. But you ask about the corporation as a legally culpable entity. And yes, corporations have been successfully convicted of crimes, one of which, to round you out a little, was I.G. Farben after WWII, which was prosecuted for war crimes.</p><p>< <"This claim is based on. . . ? If you can't spell the word, how are you so sure what multinational pharmaceuticals think of?"<br/><br />You need to worry more about your ability to connect your thoughts in a logical way. This story is about punitive damage awards being found unreasonable by foreign courts, based on their longstanding criticisms of the theory of punitive damages. Re-read the story.</p><p>Why do I get the feeling you don&#8217;t know as much about the law as you think you do?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html#comment-84567</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 26 Mar 2008 21:54:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/punitive-damages.html#comment-84567</guid> <description>&quot;It has the effect of undermining the notion that punishment is the domain of criminal law with criminal law standards of culpability. &quot;&lt;br/&gt;&lt;br/&gt;That may be your notion, but that&#039;s not exactly any longstanding legal theory.  How exactly do you apply criminal law standards to a corporation?&lt;br/&gt;&lt;br/&gt;Not to mention that there is a check on it in the form of appellate courts.&lt;br/&gt;&lt;br/&gt;&quot;These American punative damages appear to be killing new pharma advances and medical technology innovation.&quot;&lt;br/&gt;&lt;br/&gt;This claim is based on. . . ?  If you can&#039;t spell the word, how are you so sure what multinational pharmaceuticals think of?&lt;br/&gt;&lt;br/&gt;And except for Ginsburg fans, who really cares what the rest of the world thinks about US law?</description> <content:encoded><![CDATA[<p>&#8220;It has the effect of undermining the notion that punishment is the domain of criminal law with criminal law standards of culpability. &#8220;</p><p>That may be your notion, but that&#8217;s not exactly any longstanding legal theory.  How exactly do you apply criminal law standards to a corporation?</p><p>Not to mention that there is a check on it in the form of appellate courts.</p><p>&#8220;These American punative damages appear to be killing new pharma advances and medical technology innovation.&#8221;</p><p>This claim is based on. . . ?  If you can&#8217;t spell the word, how are you so sure what multinational pharmaceuticals think of?</p><p>And except for Ginsburg fans, who really cares what the rest of the world thinks about US law?</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html#comment-84553</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 26 Mar 2008 15:39:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/punitive-damages.html#comment-84553</guid> <description>The rest of the world is appalled at US punative damages and will not honor this type of nonsense.&lt;br/&gt;&lt;br/&gt;These American punative damages appear to be killing new pharma advances and medical technology innovation.</description> <content:encoded><![CDATA[<p>The rest of the world is appalled at US punative damages and will not honor this type of nonsense.</p><p>These American punative damages appear to be killing new pharma advances and medical technology innovation.</p> ]]></content:encoded> </item> <item><title>By: Anonymous</title><link>http://www.kevinmd.com/blog/2008/03/punitive-damages.html#comment-84552</link> <dc:creator>Anonymous</dc:creator> <pubDate>Wed, 26 Mar 2008 14:58:00 +0000</pubDate> <guid isPermaLink="false">http://clients.emmense.com/kevinmd/2008/03/punitive-damages.html#comment-84552</guid> <description>It has the effect of undermining the notion that punishment is the domain of criminal law with criminal law standards of culpability. It is in effect the exercise of a fine without having to show the same level of certitude--beyond a reasonable doubt rather than more likely than not.&lt;br/&gt;&lt;br/&gt;If the behavior of a defendant is truly so offensive as to merit punishment, there are sufficient statutes on the books to allow criminal prosecution.</description> <content:encoded><![CDATA[<p>It has the effect of undermining the notion that punishment is the domain of criminal law with criminal law standards of culpability. It is in effect the exercise of a fine without having to show the same level of certitude&#8211;beyond a reasonable doubt rather than more likely than not.</p><p>If the behavior of a defendant is truly so offensive as to merit punishment, there are sufficient statutes on the books to allow criminal prosecution.</p> ]]></content:encoded> </item> </channel> </rss>
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