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re: Spectrum found liable for the murder of an 83 yr old woman. To pay $7.3 billion to family

Posted on 7/28/22 at 3:58 pm to
Posted by Salviati
Member since Apr 2006
7724 posts
Posted on 7/28/22 at 3:58 pm to
quote:

Sec. 41.008. LIMITATION ON AMOUNT OF RECOVERY.

(a) In an action in which a claimant seeks recovery of damages, the trier of fact shall determine the amount of economic damages separately from the amount of other compensatory damages.

(b) Exemplary damages awarded against a defendant may not exceed an amount equal to the greater of:

(1)(A) two times the amount of economic damages; plus

(B) an amount equal to any noneconomic damages found by the jury, not to exceed $750,000; or

(2) $200,000.

(c) This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally:

(1) Section 19.02 (murder);...
Posted by Bobby OG Johnson
Member since Apr 2015
33516 posts
Posted on 7/28/22 at 3:59 pm to
quote:

Guess I better get ready for "inflation" on my spectrum bill



Yall thought those Entergy bills were high!
Posted by MikeD
Baton Rouge
Member since Jan 2004
8448 posts
Posted on 7/28/22 at 4:00 pm to
quote:

sent the dead woman a bill after the murder, and included a charge for the in home visit by the murderer.


Obviously the internet was working if they had multiple videos of him going in and out of the house
Posted by Salviati
Member since Apr 2006
7724 posts
Posted on 7/28/22 at 4:02 pm to
quote:

Applicable to corporations? Are the limits dollar amounts or percent of the whole?

No gotchas in here, honestly curious. The ongoing battle of corporations as "citizens" is pretty intriguing but I don't keep up with it other than the landmark cases.
Yes. The Due Process Clause protections on punitive damages are applicable to corporations.

It's typically applied as a multiple of compensatory damages. The standard rule is that punitive damages should not exceed 4 time compensatory damages, but that multiple is not set in stone. It depends on the facts.
Posted by DCtiger1
Member since Jul 2009
11790 posts
Posted on 7/28/22 at 4:03 pm to
quote:

This section does not apply to a cause of action against a defendant from whom a plaintiff seeks recovery of exemplary damages based on conduct described as a felony in the following sections of the Penal Code if, except for Sections 49.07 and 49.08, the conduct was committed knowingly or intentionally: (1) Section 19.02 (murder);...


Is this stating is murder was commuted that the limits don’t apply?
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 7/28/22 at 4:03 pm to
quote:

You might have a different opinion if it were your mother or loved one that was murdered.


Emotional arguments are definitely the most logical.
Posted by BHM
Member since Jun 2012
4010 posts
Posted on 7/28/22 at 4:04 pm to
Surely the jury was comprised of current and former members of The View.
Posted by Damone
FoCo
Member since Aug 2016
32966 posts
Posted on 7/28/22 at 4:08 pm to
quote:

Emotional arguments are definitely the most logical.

What do you think goes into jury decisions?
Posted by lsuson
Metairie
Member since Oct 2013
15354 posts
Posted on 7/28/22 at 4:09 pm to
They won't get anything remotely close to that.
Posted by Beef Tips
Member since Jan 2013
2894 posts
Posted on 7/28/22 at 4:12 pm to
quote:

They won't get anything remotely close to that.


Based on the facts of the case posted here, they should get every damn penny.
Posted by LNCHBOX
70448
Member since Jun 2009
89137 posts
Posted on 7/28/22 at 4:13 pm to
quote:

What do you think goes into jury decisions?


I can tell you what shouldn't.
Posted by Grievous Angel
Tuscaloosa, AL
Member since Dec 2008
10895 posts
Posted on 7/28/22 at 4:18 pm to
quote:

There's literally zero chance in hell this will be paid.


It never is. But the reduced/negotiated settlement never makes the same splash.

Same with the woman who spilled Mcdonald's coffee in her lap back in the day.

Those jurors were idiotic. Which reminds me...god help you if you're ever judged by a jury of your "peers."
Posted by dallastigers
Member since Dec 2003
10623 posts
Posted on 7/28/22 at 4:20 pm to
quote:

$7 billion in punitive damages


The amount even before punitive seems ridiculous.

Also, reform is needed for punitive damages. Should be handled by the state AG or county DA and not have a cent go to trial lawyers or victims as that should be handled in compensatory damages.

Maybe this rewarded amount should come out of the company’s blm donations and equity programs. I wonder if this guy was harder to discipline or fire for some reason.

Holden


Victim



This post was edited on 7/28/22 at 7:43 pm
Posted by Yellerhammer5
Member since Oct 2012
11016 posts
Posted on 7/28/22 at 4:22 pm to
quote:

Same with the woman who spilled Mcdonald's coffee in her lap back in the day.


Actually a legit interesting case with a just verdict.
Posted by Biko
Member since Jul 2022
470 posts
Posted on 7/28/22 at 4:24 pm to
Why not lethal injection for this heinous crime?
Posted by WhereisAtlanta
Member since Jun 2016
847 posts
Posted on 7/28/22 at 4:26 pm to
quote:

shite just go ahead and make it one gazillion dollars. About the same.


Same chance of actually collecting it, bet she family gets nothing more than 6 months of free HBO before its over.

Posted by auzach91
Marietta, GA
Member since Jan 2009
41362 posts
Posted on 7/28/22 at 4:27 pm to
I think I’d take being killed for my family for 7 bil
Posted by Tempratt
Member since Oct 2013
15200 posts
Posted on 7/28/22 at 4:29 pm to
actual money to family. $10k. The rest will go to court costs and attorneys fees.
Posted by Buryl
Member since Sep 2016
1056 posts
Posted on 7/28/22 at 4:33 pm to
My brother works with one of the deceased's grandsons. The whole thing was awful. Apparently spectrum destroyed evidence, fabricated evidence, lied, and in general orchestrated a big cover up. Jury was punishing them.

Of course the reward will be reduced, but that explains the $$$.
Posted by Eighteen
Member since Dec 2006
37406 posts
Posted on 7/28/22 at 4:34 pm to
quote:

Spectrum quit conducting background checks on its hires as they deemed it to be racist. This guy had a very shady background that would have prohibited his hiring with a simple background check


How are we burying this in the thread?

Maybe Spectrum should sue the NAACP or BLM to recoup some costs
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