Some thoughts of Punitive
Punitive
Jarod Endersbe, the Plaintiff, appealed from the trial court’s Order of Contempt holding him in contempt and sentencing him to a ten day prison term, with all but twenty hours suspended. Jarod claims the trial court abused its discretion when creating the twenty hour sentence because this incarceration is contrary to North Dakota’s contempt of court statute, N.D.C.C. Chapter 27-10 and violates his due process rights. 3
It has been nearly twenty years since the Exxon Valdez dumped more than 11 million gallons into Alaska’s Prince William Sound after running aground. A lot of trials have been held over the matter over this lengthy period of time. The final act in this play closes with punitive damages set at $507 million. It takes about two days to bring in $2.5 billion in revenue for Exxon. 2
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Enforcement and Contempt: The Court always has the power to enforce the orders it has made through proceedings for contempt. Contempt may be “remedial” or “punitive”. Remedial is where the court finds the non-compliant party has the ability to act as ordered, but has failed to, and imposes penalties conditioned upon the party becoming compliant. Punitive is where the court finds, beyond a reasonable doubt, that the actions of the party are willful and in defiance of the court’s authority and imposes unconditional penalties such as jail and a fine. 6
filed June 9, 1997. A hearing was conducted and the Court ruled from the bench on this matter on Tuesday, August 19, 1997. This opinion will further explain the rationale for the Court’s ruling. 1
Punitive damages are somewhat controversial, because some legal scholars believe they create a system of privatized criminal-style punishment. The U.S. Supreme Court has held that punitive damages in general are covered by the prohibition against ?cruel and unusual punishment? Thus, the law is currently in flux, and you should seek professional legal assistance before making a decision. 5
Compare the language in the Wisconsin case to what happened to Pamela M. Roberson, a young civil practitioner, in an Orange County court appearance in April. The transcript of the proceeding begins with the judge asking Ms. Roberson if she is an attorney and asking for her business card to substantiate that she is a lawyer. 7
The appellant, Anthony J. Dunleavy, was a consultant to appellee, Delaware County. In this capacity, Dunleavy advised the County as to the various federal regulatory requirements concerning certain Housing and Urban Development funding grants. Dunleavy sued the County contending that it committed several violations of the False Claims Act, 31 U.S.C. The District Court dismissed Dunleavy’s Second Amended Complaint, holding that the County was not amenable to suit under the FCA due to its mandatory punitive damages scheme. 4
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