Opinion

Sidney Roginsky v. Richardson-Merrell, Inc.

  • 378 F.2d 832
Court
Court of Appeals for the Second Circuit
Filed
May 8, 1967
Status
Published
Author
Hays
On the bench
Moore, Friendly, Hays
Cited by
200 cases

noting the early use of punitive damages for the purposes of “redressing affronts to personal feelings not susceptible of measurement ... financing the cost of deserving litigation where only small compensatory damages can be expected, diverting the plaintiffs desire for revenge into peaceful channels, and serving as punishment for and deterrence from socially disapproved conduct.”

How later courts described this case

  • noting the early use of punitive damages for the purposes of “redressing affronts to personal feelings not susceptible of measurement ... financing the cost of deserving litigation where only small compensatory damages can be expected, diverting the plaintiffs desire for revenge into peaceful channels, and serving as punishment for and deterrence from socially disapproved conduct.”
  • holding that the burden of proof for punitive damages in products liability cases is clear and convincing evidence
  • holding punitive damages proper where manufacturer is shown “to have become aware of danger and to have done nothing; deliberately closing its eyes.”
  • noting that the power to engage in “extensive law-making” with respect to state law is one that is entrusted to state legislature and state courts rather than federal courts

Written by the judges who cited it.

The opinion

HAYS, Circuit Judge

(dissenting):

I dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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