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Roger
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Are punitive damages capped at 300K in retaliation cases

Customer Question

Are punitive damages capped at 300K in retaliation cases based on gender discrimination.?
Submitted: 11 months ago.
Category: Legal
Expert:  Roger replied 11 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

Under Fla. Stat.768.73, no cap exists on the amount of punitive damages if the fact finder determines that at the time of the injury, the defendant had a specific intent to harm the claimant and further, determines that the defendant's conduct did in fact harm the claimant. Fla. Stat. 768.73(1)(c).

But, in cases where specific intent to harm the claimant is not established, with limited exceptions, punitive damages may not exceed the greater of three times the amount of compensatory damages awarded to each claimant or the sum of $500,000. Fla. Stat. 768.73(1)(a)(1)-(2).

However, different limitations apply if the finder of fact determines that the wrongful conduct was motivated solely by unreasonable financial gain and determines that the unreasonably dangerous nature of the conduct, together with the high likelihood of injury resulting from the conduct, were actually known by the defendant or the defendant's managing agent, director, officer, or other person responsible for making policy decisions on behalf of the defendant. Fla. Stat. 768.73(1)(b). In those instances, the award of punitive damages may not exceed the greater of four times the amount of compensatory damages awarded to each claimant or the sum of $2,000,000. Fla. Stat. 768.73(1)(b)(1)-(2).