How Developers Can Avoid Punitive Damages Liability

Law360, New York (January 31, 2014, 12:49 PM EST) -- Defendants often consider demands for punitive damages to be a scare tactic or posturing by plaintiffs — until the case proceeds to trial and the issue is presented to a jury. The unpredictable nature of a jury and potentially large amount of punitive damages can be devastating to a business. What can one do to protect itself?

A case recently decided by the New York Court of Appeals[1] helped answer that question, at least for a real estate developer.

It is often stated that punitive damages...
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