Text: HF02555 Text: HF02557 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 668A.2 MULTIPLE AWARDS FOR SAME 1 2 ACT OR COURSE OF CONDUCT. 1 3 1. A defendant against whom punitive or exemplary damages 1 4 have been awarded pursuant to section 668A.1 may file a 1 5 separate written motion with the court seeking to have the 1 6 amount of such damages reduced by the court when all of the 1 7 following facts exist: 1 8 a. The defendant was previously sued in one or more 1 9 actions in state or federal court arising from the same act or 1 10 course of conduct as the present action. Allegations of 1 11 substantially the same manufacturing defect, unsafe design, or 1 12 inadequate warning or labeling of similar units of the same 1 13 product in both the present and any previous actions shall be 1 14 deemed to arise from the same act or course of conduct. 1 15 b. Punitive damages were awarded against the defendant in 1 16 one or more of the previous actions described under paragraph 1 17 "a". 1 18 2. The motion shall be filed within the time permitted for 1 19 the filing of a motion for a new trial, and shall set forth 1 20 the following: 1 21 a. The facts and theories of liability involved in the 1 22 previous cases. 1 23 b. The amount of punitive damages awarded in each previous 1 24 case. 1 25 c. The reasons and amount by which the current award of 1 26 punitive or exemplary damages duplicates the punitive damages 1 27 awarded in the previous actions. 1 28 d. Any other evidence relevant to the determination of the 1 29 court in reducing damages. 1 30 The defendant shall include with the motion certified 1 31 copies of judgments in the previous actions, as well as 1 32 relevant pleadings and other documents that demonstrate the 1 33 duplicative nature of the punitive damage award in the present 1 34 action. 1 35 3. The party awarded the punitive damages may file a 2 1 responsive motion prior to the hearing on the defendant's 2 2 motion. 2 3 4. Upon the proper filing of a motion under this section, 2 4 the court shall schedule a hearing, and shall determine 2 5 whether the liability for the punitive or exemplary damages 2 6 arose out of the same act or course of conduct as in the 2 7 previous action or actions, and the extent, if any, to which 2 8 the present award of punitive or exemplary damages duplicates 2 9 the total amount of punitive damages awarded in the previous 2 10 actions. 2 11 a. The court may consider the facts of the previous cases, 2 12 the bases of liability for the previous punitive damages 2 13 awards, the purposes for which the awards were made, how the 2 14 awards were determined or calculated, and any other evidence 2 15 offered by the parties that is relevant to the issue of 2 16 whether the defendant is subject to duplicative awards of 2 17 punitive damages. 2 18 b. The court shall reduce the present award of punitive or 2 19 exemplary damages in accordance with this section, and shall 2 20 enter its findings and the basis for its decision in the 2 21 record. 2 22 5. The decision of the trial court on the issue of 2 23 reduction of damages may be appealed according to the rules of 2 24 appellate procedure. If the appellate court determines that 2 25 the decision of the trial court in reducing the punitive 2 26 damage award, or failing to reduce the punitive damage award, 2 27 was clearly erroneous in light of the record, it shall reverse 2 28 the decision of the trial court, and enter appropriate orders. 2 29 6. The court may stay entry of judgment or execution on 2 30 the punitive damage award pending a hearing and decision under 2 31 subsection 4, and enter any other orders as necessary to avoid 2 32 prejudice or delay. The court may enter a similar stay on 2 33 execution on the punitive damage award, in addition to any 2 34 appropriate conditions, pending appeal of the issue if the 2 35 defendant has made a prima facie showing of the elements in 3 1 subsection 1. 3 2 7. The possibility of reduction of punitive or exemplary 3 3 damage awards pursuant to this section shall not be disclosed 3 4 to the jury. 3 5 Sec. 2. APPLICABILITY. This Act shall apply to the trial 3 6 of any civil action that commences on or after the effective 3 7 date of this Act. 3 8 EXPLANATION 3 9 This bill provides that a defendant who is presently 3 10 subject to an award of punitive damages, and who has 3 11 previously been subject to one or more awards of punitive 3 12 damages in one or more actions arising from the same act or 3 13 course of conduct, may file a motion with the court after 3 14 judgment, seeking to reduce the present punitive damage award 3 15 to the extent that it duplicates previous awards. 3 16 The bill sets forth the issues that must be addressed in 3 17 the motion, as well as the documents that must be included 3 18 with the filing of such motion. It provides for a responsive 3 19 motion by the party who was awarded the punitive damages. 3 20 The bill provides that, upon motion, the court shall 3 21 schedule a hearing on the issue, and shall determine whether 3 22 the liability arose out of the same act or course of conduct 3 23 as in the previous action or actions, and the extent to which 3 24 the present punitive damage award duplicates the previous 3 25 awards. Issues for the court's consideration in making such 3 26 determinations are addressed in the bill. 3 27 The bill provides for an appeal of the decision on the 3 28 issue, and permits the court to issue a stay on execution of 3 29 the punitive damage award under certain conditions. 3 30 The bill provides that the possibility of reduction of a 3 31 punitive damage award under this section shall not be 3 32 disclosed to the jury. 3 33 The bill applies to all civil trials commencing on or after 3 34 the effective date of the Act. 3 35 LSB 4175YH 77 4 1 jls/jl/8
Text: HF02555 Text: HF02557 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Apr 21 03:43:04 CDT 1998
URL: /DOCS/GA/77GA/Legislation/HF/02500/HF02556/980413.html
jhf