Should a trial be bifurcated when plaintiff seeks punitive damages? Yes. Arkansas rules require a separate trial, on the motion of any party, to determine the amount of punitive damages. Ark. R. Civ. P. 42 (Addition to...more
When are punitive damages awarded? Under Arkansas law, a statute affixes the standard for awarding punitive damages, and the key element is a showing of express or implied malice. Under this rule, punitive damages are...more
Can a plaintiff pursue punitive damages from multiple defendants? Yes, but this comes with significant limitations for the plaintiff. Pursuing relief from multiple defendants generally results in the conclusion that joint...more