Friday, August 05, 2022

Radio Vitamin Clown Blues

The statutes do seem to limit exemplary damages to $750,000.00.  If you read the statute, know the actual damages here are “noneconomic” under the statute, which specifically limits exemplary damages on such actual damages to the amount I cited.

No idea how the case law views this statute, though.

Recovering damages from an individual (v. a corporation or insurance carrier) is a bitch. Texas has broad protections for property, broader than most any other state.  Property can be seized, and money; but it’s a long process. Maybe easier with the assets Jones has, but you’ll have to prove his other business entities are just shells to help him escape liability. You also have to find out precisely where the money is. A court order levied on a financial institution that just saw the money removed is worthless.

More lawsuits, in other words. The plaintiffs have won, but they’ve only just begun to fight. Especially if Jones takes everything into bankruptcy.

In short, none of these people know what they are talking about, and are likely to be disappointed:
The next step is the verdicts reduced to judgements, which will trigger the period for appeals; but not before a hearing on the statutory provisions regarding exemplary damages. The trial court has to consider whether its order must comply with the statute first. And Jones gets to argue for a reduction of both amounts. The trial court has to consider if the amounts will be reduced on appeal (judges hate to be reversed), and so whether their reasoning will stand scrutiny. The jury, in other words, is not the last word.

Of course, the grift will go on, regardless:

No comments:

Post a Comment