Mandatory Civil Arbitration
SUCCESS STORY

Punitive Damages Denied for Improper Filing

SFE Attorney: Steve Rasmussen

Claims Alleged: Medical Malpractice

Amount Claimed: $1,500,000 in Punitive Damages

The Overview

In a medical malpractice lawsuit, plaintiff’s attorney filed a motion for punitive damages using a procedure that has long been accepted by judges, but is actually the incorrect way of doing it. Smith Freed Eberhard Partner Steve Rasmussen challenged the proceedings and requested that the judge deny the motion. The judge agreed with Steve and denied the request.

The Outcome

Ultimately, because the judge agreed with Steve’s position, a $1,500,000 punitive damages claim was thrown out of the case. In addition, since that information was barred from the case, the plaintiff was further prohibited from seeking discovery on a large amount of financial background information that he had initially sought as evidence to substantiate his punitive damages claim. As a result, defense attorneys now have a ruling to point to for future punitive damages claims that are improperly filed.

Read More
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Narmina Sharifova
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Gordon Klug
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Jessica Kamish
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense General Contractors Jobsite Injury An $18,000,000 Dismissal Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.