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· 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).

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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.