# Sidney Roginsky v. Richardson-Merrell, Inc.

> Court of Appeals for the Second Circuit · May 8, 1967 · 378 F.2d 832

URL: https://www.frixlaw.com/law-library/cases/9452801

## Case

- **Full name:** Sidney ROGINSKY, Plaintiff-Appellee, v. RICHARDSON-MERRELL, INC., Defendant-Appellant
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** May 8, 1967
- **Citations:** 378 F.2d 832
- **Precedential status:** Published
- **Opinion:** Dissent by Hays
- **Judges:** Moore, Friendly, Hays
- **Cited by:** 200 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9452801

## How later opinions describe it (automated extraction)

- 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 reven…
- 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

## Opinion text

HAYS, Circuit Judge
(dissenting):
I dissent.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9452801. Public record. Not legal advice.