Punitive damages; raises cap for any action accruing on or after July 1, 2016. (SB111)

Introduced By

Sen. Chap Petersen (D-Fairfax)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Punitive damages cap. Raises the punitive damages cap from $350,000 to $500,000 for any action accruing on or after July 1, 2016. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
12/28/2015Prefiled and ordered printed; offered 01/13/16 16101414D
12/28/2015Referred to Committee for Courts of Justice
01/27/2016Reported from Courts of Justice (12-Y 3-N) (see vote tally)
01/27/2016Reported from Courts of Justice (11-Y 4-N) (see vote tally)
01/29/2016Constitutional reading dispensed (36-Y 0-N) (see vote tally)
02/01/2016Read second time and engrossed
02/02/2016Read third time and passed Senate (26-Y 14-N) (see vote tally)
02/05/2016Placed on Calendar
02/05/2016Read first time
02/05/2016Referred to Committee for Courts of Justice
02/16/2016Assigned App. sub: Civil Law
02/16/2016Assigned Courts sub: Civil Law
02/17/2016Subcommittee recommends laying on the table
03/08/2016Left in Courts of Justice

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 1 clip in all, totaling 3 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.



Del. Bill Howell (R-Fredericksburg): HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.

[Unknown]: AYES 34, NOS 6. AYES 34, NOS 6. THE BILL PASSES. SENATE BILL 111, A BILL RELATING TO PUNITIVE DAMAGES CAP. THE SENATOR FROM FAIRFAX CITY, SENATOR PETERSEN.

Sen. Chap Petersen (D-Fairfax): THANK YOU, MR. PRESIDENT. I MOVE THAT THE BILL PASS AND SPEAK TO THE MOTION.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Chap Petersen (D-Fairfax): MR. PRESIDENT, LADIES AND GENTLEMEN OF THE SENATE, THE LAST TIME WE ADJUSTED THE CAP ON PUNITIVE DAMAGES, GAS WAS A BUCK-60 A GALLON AND THE REDSKINS WERE THE NUMBER ONE TEAM IN THE NORFOLK EAST. IT WAS 1988. SINCE THAT TIME, THE PRRCHING POWER OF $350,000 HAS CHANGED SIGNIFICANTLY. QUITE FRANKLY, THIS BILL WAS NOT ON MY RADAR SCREEN UNTIL I HAD A CASE A COUPLE YEARS AGO IN WHICH A CLIENT OF MINE HAD $12 MILLION EMBEZZLED FROM HIM AND WE SUED HIM AND WE HAD A JURY TRIAL IN THE EASTERN DISTRICT OF VIRGINIA, ALEXANDRIA, AND I WANT WAS ONE OF THOSE CASES IN WHICH THE JURY ASKED THE QUESTION, WHICH AS A TRIAL ATTORNEY, AS A PLAINTIFF'S ATTORNEY, IT'S THE BEST QUESTION YOU CAN GET, WHICH WAS WHAT IS THE LIMIT ON PUNITIVE DAMAGES IN VIRGINIA? AND WE HAD TO SEND A ♪ BACK TO THE JURY ROOM WHICH SIMPLY SAID IT WAS $350,000, AND SURE ENOUGH, ON THE VERDICT FORM, THAT'S WHAT WE GOT. NOW, WE'RE STILL TRYING TO COLLECT THAT JUDGMENT AND IT WILL PROBABLY TAKE GENERATIONS, BUT THE BOTTOM LIPE IS I RAN INTO ONE OF THE JURY MEMBERS. I SAW HIS SON PLAY SPORTS FOR FAIRFAX HIGH SCHOOL AND I SAW HIM AT A GAME AND WE TALKED ABOUT THE CASE, AND HE SAID, WHEN THEY GOT THAT RESPONSE BACK IN THE JURY ROOM, SHE THOUGHT WE WERE JOKING. THAT IN A JURISDICTION LIKE VIRGINIA WITH ALL THESE COMPANIES AND PEOPLE AND THE ECONOMY THAT WE HAVE, THAT THE PUNITIVE DAMAGES CAP WOULD BE $350,000, WHICH QUITE FRANKLY, IS, YOU KNOW, THAT'S WHAT SOMEBODY MAKES IN A YEAR IN SOME COMPANIES IN SOME PLACES. NOW, GRANTED, THAT'S NOT WHAT PEOPLE MAKE ALL AROUND THE STATE AND THAT'S NOT THE STATE AVERAGE, BUT THE BOTTOM LINE IS $350,000 IS A PRETTY PALTRY SUM WHEN YOU'RE FILING A SUIT FOR PUNITIVE DAMAGES WHICH REQUIRES AN INTENTIONAL ACT TO HARM SOMEBODY SUCH AS EMBEZZLEMENT OR STRIKING SOMEBODY OR DOING SOMEBODY INTENTIONALLY TO HARM THAT PERSON. SO AGAIN, THE POLICY ISSUE ABOUT HAVING PUNITIVE DAMAGES, WE'VE HAD THAT, YOU KNOW, FOR YEARS AND YEARS AND YEARS. THIS ISSUE SIMPLY MOVES IT FROM 50 TO 500. -- 350 TO 500. IT IS A PATHETICALLY MODEST INCREASE. I ASK YOU PASS THE BILL.

[Unknown]: THANK YOU, SENATOR. THE SENATOR FROM CHESAPEAKE, SENATOR KOS GROEFR.

Del. Bill Howell (R-Fredericksburg): THANK YOU, MR. PRESIDENT. WILL THE GENTLEMAN FROM FAIRFAX YIELD FOR A QUESTION?

[Unknown]: THE SENATOR FROM FAIRFAX CITY YIELD FOR A QUESTION? I DO, YES, SIR. HE YIELDS, IS RN. THANK YOU, MR. PRESIDENT. I'D ASK THE GENTLEMAN, IN HIS OPENING REMARKS, HE REFERENCED THE REDSKINS BEING FIRST PLACE IN THE NFC EAST. THAT WAS THIS YEAR. THAT'S ALL I WANTED TO SAY. THANK YOU.

Del. Bill Howell (R-Fredericksburg): YES, SIR, THANK YOU, SENATOR. THE QUESTION IS SHALL SENATE BILL 111 RECORD THEIR VOTES AYE, THOSE