Term
| State Farm Mutual Automobile Insurance v. Campbell |
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Definition
| should have settled, 14th amendment violation. Punished for the harm done the plaintiff |
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Term
| Punitive Damages (elements) |
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Definition
1. The degree of responsibility of the defendant's misconduct;
2. The disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award; and
3. The difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases |
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Term
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Definition
| Court said no settlement w/out fees Rule 23(e) |
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Term
| Buckhannon Board and Care Home, Inc. v. West Virginia Department of Health and Human Resources |
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Definition
| Needs the judicial imprimatur to be awarded attorneys fees. changed behavior isn't enough |
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Term
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Definition
| Replevin Due Process of law only in extraordinary situations |
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Term
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Definition
| We do not require heightened fact pleading of specifics, but only enough facts to state a claim to relief that is plausible on its face |
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Term
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Definition
| Plaintiff has to allege that the defendants' actions violated his rights and they did it for a discriminatory purpose |
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