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
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