In every jury trial, the Judge will read the law of the case. The jury is “instructed” on how to view the evidence, based on law.
In Virginia, it is very difficult to get a verdict for punitive damages. Lawyers have to meet certain burdens of proof to even get that issue to the jury. Then, Virginia has a cap of $350,000 for punishment damages. That means that a company can do business in Virginia and know that no matter how vicious or mean their conduct might be, they still will only have to pay a maximum of $350,000.
While a cap on punishment damges is bad for the protection of Virginia residents, it’s good for companies who know that they can color outside the lines with little penalty.
In law and in sports, we are all supposed to play by the rules. In the NFL, it seems that the replacement referees are not enforcing rules very consistently. Anarchy seems now to reign.
When companies are reckless, it irritates me that there are not real rules to make them pay. Amy sent me the following picture that sums up the application of rules in football right now. We all need fair rules applied!