· 6/14/2024
Lord v. Whelan & Curry Constr. Servs., Inc.
Citations
- 2024 NY Slip Op 03241
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that precedent should be followed where legislature reenacted statute “without attempting to disturb the holding”
- noting the legislature’s repeated reenactment of a statute without disturbing the prior judicial interpretation was evidence affirming acquiescence
- noting the legislature’s repeated reenactment of a statute without disturbing the prior judicial interpretation was evidence affirming acquiescence
- as tortfeasor’s state of mind is important and he is no longer available to defend himself, punitive damages claims abate upon tortfeasor’s death
- “We have said that punitive or exemplary damages serve three purposes: (1) punishment, (2) specific deterrence, and (3) general deterrence.”
- “The rule of stare decisis ⅛ especially applicable where the construction placed on a statute by previous decisions has been long acquiesced in by the legislature (quoting Iowa Dep’t of Transp. v. Soward, 650 N.W.2d 569, 574 (Iowa 2002)
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.