A jury in Jackson County, Missouri awarded $11 million to individuals owning land near a Premium Standard Farms hog farm. The plaintiffs complained the smell from the hog farm prevented them from enjoying their land. Premium Standard produces 200,000 hogs a year about 80 miles north of Kansas City. The lawsuit resulted in an award of $825,000 to each of the thirteen plaintiffs, $250,000 to the fourteenth plaintiff and $75,000 to the fifteenth plaintiff. Fourteen of these plaintiffs received $100,000 … Continue Reading >
Punitive damages, a form of compensation provided when gross misconduct is involved, are almost extinct mainly because people just don’t know the facts. A recent Wall Street Journal article featured Lanny Davis, a corporate lobbyist. Lanny argued that judges and juries should not be allowed to award punitive damages. His reasoning was that punishing a doctor for a negligent act, even if due to gross misconduct is improper. Lanny argues that the term negligence refers to an unintentional act and … Continue Reading >
On the heels if the giant recall, Toyota is now facing claims that the acceleration fixes are not working. Further, there exists strong evidence that the company tried to cover up the problems by withholding documents in litigation. For a company trying to polish its image, better decisions could have been made. What makes matters worse is that the National Highway Traffic Safety Administrations is severely understaffed and facing more budget cuts. Further, some states like South Carolina are passing … Continue Reading >