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Ohio high court creates cancer research fund from punitive damages award.

Publication: Trial
Publication Date: 01-MAR-03 		Format: Online - approximately 957 words
Delivery: Immediate Online Access

Article Excerpt
In a decision that was equally surprising to both sides, the Ohio Supreme Court recently ordered the creation of a cancer research fund out of the punitive damages awarded in a case against an insurance company. (Dardinger v. Anthem Blue Cross & Blue Shield, No. 2001-1222, 2002 WL 31895279 (Ohio Dec. 20, 2002).)

While stating that the defendant's bad-faith conduct "merit[s] a historic punitive damages award," the court reduced what it said was an "excessive" $49 million award to $30 million, a figure it arrived at by doubling the state's previous record-setting punitive award. Then, citing its common law authority to play a central role in the distribution of punitive damages--and without inviting comment from either side--the court ordered that $10 million should go to the plaintiff, and the remainder, minus litigation fees, should go to a fund, to be called the...

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