SENATE AMENDMENT

    Bill No. CS for SB 378

    Amendment No.    

                            CHAMBER ACTION
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11  Senator Webster moved the following amendment:

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13         Senate Amendment (with title amendment) 

14         On page 5, line 4, delete that line

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16  and insert:

17         (2)(a)  Except as provided in paragraph (b), punitive

18  damages may not be awarded against a defendant in a civil

19  action if that defendant establishes, before trial, that

20  punitive damages have previously been awarded against that

21  defendant in any state or federal court in any action alleging

22  harm from the same act or single course of conduct for which

23  the claimant seeks compensatory damages. For purposes of a

24  civil action, the term "the same act or single course of

25  conduct" includes acts resulting in the same manufacturing

26  defects, acts resulting in the same defects in design, or

27  failure to warn of the same hazards, with respect to similar

28  units of a product.

29         (b)  In subsequent civil actions involving the same act

30  or single course of conduct for which punitive damages have

31  already been awarded, if the court determines by clear and

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                                                  SENATE AMENDMENT

    Bill No. CS for SB 378

    Amendment No.    





 1  convincing evidence that the amount of prior punitive damages

 2  awarded was insufficient to punish that defendant's behavior,

 3  the court may permit a jury to consider an award of subsequent

 4  punitive damages. In permitting a jury to consider awarding

 5  subsequent punitive damages, the court shall make specific

 6  findings of fact in the record to support its conclusion. In

 7  addition, the court may consider whether the defendant's act

 8  or course of conduct has ceased. Any subsequent punitive

 9  damage awards must be reduced by the amount of any earlier

10  punitive damage awards rendered in state or federal court.

11         (3)  The claimant attorney's fees, if payable from the

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14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         On page 1, line 19, after the semicolon

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18  insert:

19         prohibiting the award of subsequent punitive

20         damages against a defendant if punitive damages

21         were previously awarded against the defendant

22         for harm arising out of the same act or single

23         course of conduct; providing an exception;

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