If last month’s ruling tossing a $38 million punitive damages verdict is allowed to stand, it will create a “morass” that poses significant hurdles for bringing punitive damages claims, the plaintiffs have said in an effort to secure reconsideration from an expanded Pennsylvania Superior Court panel.
The decision came in Wilson v. U.S. Security Associates, and, ever since the Superior Court last month tossed an award of $38.5 million in punitive damages based on a finding that punitive damages claims are a separate cause of action, the plaintiffs bar has expressed concern over the decision.
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