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· Fabiano
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Jump to full article: New York State Unified Court System, 2008-07-22
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Quotes from this article:
f) Non-Admissibility. The settlement negotiations resulting in this Agreement have been undertaken by the Settling States and the Participating Manufacturers in good faith and for settlement purposes only, and no evidence of negotiations or discussions underlying this Agreement shall be offered or received in evidence in any action or proceeding for any purpose. Neither this Agreement nor any public discussions, public statements or public comments with respect to this Agreement by any Settling State or Participating Manufacturer or its agents shall be offered or received in evidence in any action or proceeding for any purpose other than in an action or proceeding arising under or relating to this Agreement.
Master Settlement Agreement
[T]he courts of this State have been so adamant that punitive damages are "a social exemplary 'remedy,' [and] not a private compensatory remedy," that the imposition of such damages for private purposes has been held to violate public policy.
NY Supreme Court Appellate Panel, in the Fabiano case. The definition of "punitive damages" as a social remedy would seem to render moot the Supreme Court's decision in Williams, that jurors were _not_ to consider the harm to others in deciding punitives.
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