Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Florida Appellate Court Adopts Favorable Interpretation Of Punitive Damages Statute

By Evan M. Tager on July 6, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

In an effort to address the problem of excessive, multiple punishment, the Florida Legislature enacted a statute that “punitive damages may not be awarded against a defendant in a civil action if that defendant establishes, before trial, that punitive damages have previously been awarded against that defendant in any state or federal court in any action alleging harm from the same act or single course of conduct for which the claimant seeks compensatory damages.” The statute contains an escape hatch that allows for additional awards of punitive damages “if the court determines by clear and convincing evidence that the amount of prior punitive damages awarded was insufficient to punish that defendant’s behavior.”

Surprisingly, in the nearly two decades since the statute was enacted, there have been almost no appellate decisions interpreting the statute. That changed in June, when the Court of Appeal for the Fourth District held in Knauf Plasterboard (Tianjin) Co. v. Ziegler that the statute applies whenever there has been a prior award of punitive damages for the same course of conduct and that there is no requirement that the award have been paid (as opposed to resolved via settlement).

As the court explained, the statute “speaks only in terms of a prior punitive damage ‘award.’ In fact, some derivation of the word ‘award’ appears eight times within this subsection. But, not once does any derivation of the word ‘paid’ appear.” Because the statute “is clear on its face,” the court declined to “infer any other meaning than the plain words chosen by the legislature.”

The upshot of the decision is that plaintiffs will not be permitted to take discovery regarding the ultimate resolution of a punitive damages award. So long as an award has been returned, the only remaining question is whether the amount awarded “was insufficient to punish [the] defendant’s behavior.”

Photo of Evan M. Tager Evan M. Tager

Evan Tager is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington, DC office. Identified by Chambers USA as one of America’s leading appellate lawyers for the past eight years, and profiled by Legal Times as a leading appellate…

Evan Tager is a member of the Supreme Court & Appellate practice in Mayer Brown’s Washington, DC office. Identified by Chambers USA as one of America’s leading appellate lawyers for the past eight years, and profiled by Legal Times as a leading appellate lawyer, Evan has been integrally involved in a range of issues of paramount importance to the business community, including punitive damages, class certification standards, admissibility of expert testimony, and enforceability of arbitration agreements.
Read Evan’s full bio.

Read more about Evan M. TagerEmail
Show more Show less
  • Posted in:
    Business and Commercial
  • Blog:
    Guideposts
  • Organization:
    Mayer Brown

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo