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money & justice - the tort reform debate
7/22/02
Section A, Page 5


Highlights of 1993 tort reform legislation

* The standard of proof before awarding punitive damages was increased from a "preponderance of the evidence'' to "clear and convincing evidence.''

* Retailers who sell products that are the subject of a lawsuit would be protected from punitive damages. For instance, a retailer who sold a defective toy that it only sold and did not manufacturer would not face punitive damages.

* Punitive damages can only be sought from the jury after actual damages are awarded.






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