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The post below was published on Monday, October 11th, 2010 at 4:59 AM.

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Third District: Punitive Damages, New Judge On Remand

The trial judge in this case took the somewhat unusual step of admitting that he nearly always grants motions to add punitive damages claims. The judge also granted leave to amend without analyzing the plaintiff’s factual proffer. The Third District quashed that order on a certiorari petition.

Interestingly, the appellate court directed that the case be assigned to a different judge on remand. Appellate practitioners can tuck that nugget away for future use, and longtime readers of this web log can probably guess what I am thinking

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