again, let me address some of the things that I think have escaped the attention of people--the interrelationship with the Dole amendment and the underlying bill, the underlying Gorton substitute--which deal with the issue pertaining to the calculation on each defendant of the noneconomic damages, and then its relationship to the Snowe amendment which basically sets the cap on punitive damages at twice the noneconomic damages, and the economic damages. The underlying bill and the Dole amendment provide for a bifurcated trial--that is, two--where punitive damages are sought. If punitive damages are sought, then any--and I read from the Dole amendment, which is the exact language as in the bill -- . . . evidence relative only to punitive damages as determined by applicable State law shall be inadmissible in any proceedings to determine whether compensatory damages are to be awarded. Compensatory damages include noneconomic damages so therefore you cannot prove gross negligence; you cannot prove recklessness; you cannot prove wantonness; you cannot prove intentional conduct pertaining to the compensatory damage trial.
Editor's note · Context
Discussing the implications of the Dole amendment on punitive and compensatory damages in civil trials.
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