Punitive Damages Reform: HB 58 (1997).

Alaska

Limits the award of punitive damages in most cases to the greater of three times the award of compensatory damages or $500,000.  Limits the award of punitive damages to the greater of four times compensatory damages, four times the aggregate amount of financial gain, or $7,000,000, when the defendant’s action is motivated by financial gain.  Limits punitive damages in unlawful employment practices lawsuits to: $200,000, when the employer has less than 100 employees in the state; $300,000, when the employer has more than 100, but less than 200 employees in the state; $400,000, when the employer has more than 200, but less than 500 employees in the state; and $500,000, when the employer has more than 500 employees in the state.  Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “reckless indifference” or was engaged in “outrageous” conduct.  Requires the determination of awards for punitive damages to be made in a separate proceeding.  Requires that 50% of punitive damages awards be paid to the state treasury.

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