Petition for Writ of Mandamus - Filed - Supreme Court of Texas

As Justice Sullivan pointed out, the year before Lunsford was decided, th e
Legislature began the process of restricting the availability of punitive damages b y
enacting Chapter 41 of the Texas Civil Practice and Remedies Code . '2 In 1995, the
Legislature enacted more sweeping tort reform to the law of punitive damages ,
substantially rewriting Chapter 41 to provide significant protection against a punitiv e
damages award :
a
s
a
Juries could no longer award punitive damages designed to serve as a n
example to others," but were instead limited to assessing damages wit h
the limited purpose of punishing the wrongdoer .
Chapter 41's coverage was extended to all but a few types of tor t
actions .
The "clear and convincing" standard of proof was required to prove al l
elements of punitive damages .
© With a few exceptions, a defendant could no longer be held responsibl e
for punitive damages based on the conduct of another .
o The cap on punitive damages was lowered .
0 On the defendant's motion, the trial court was required to bifurcate th e
trial for a separate determination of the amount of punitive damages ,
and evidence of a defendant's net worth was not admissible during the
liability phase of the bifurcated trial . t '
These changes limited both (a) the amount of any exemplary damages award, and (b) the
likelihood that any punitive damages award would be made . Id. In 2003, the Legislature
enacted a comprehensive tort-reform package that included the new requirement that a
12 In re Mark A. Jacobs, M.D ., 2009 Tex. App. LEXIS 8112 at *33 (Sullivan, J., concurring) (Apx . Tab G) ; see Ac t
of June 3. 1987, 70th Leg ., 1st C.S., ch. 2, § 2.12, 1987 Tex . Geri. Laws 37, 44 (amended 1995 &. 2003) (curren t
version at TEX. CIV. PRAC . & REM. CODE §§ 41 .001 - 41 .013).
" See Act of April 11, 1995, 74th Leg . . R.S ., ch. 19, § 1, 1995 Tex . Gen. Laws 108, 108-13 (amended 2003) (curren t
version at TEX. CIV. PRAC. & REM . CODE §y 41 .001 - 41 .013) ; In re Jacobs, 2009 Tex. App. LEXIS 8112 a t
*37 (Sullivan, J ., concurring) .
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