West Virginia Enacts Punitive Damages Statute

West Virginia long has been at or near the top of the Chamber of Commerce's and American Tort Reform Association's lists of judicial hellholes. Last month, the State took a big step toward changing its image, enacting a series of laws that aim to eliminate "jackpot justice."

Most pertinent to readers of this blog, the Legislature passed and the Governor signed a punitive damages statute that comprehensively reshapes the manner in which this remedy is administered in West Virginia.

Due to become effective on June 8, the statute:

• adopts the clear-and-convincing-evidence standard of proof;
• limits punitive damages to cases in which the injury was the result of conduct "carried out by the defendant with actual malice toward the plaintiff or a conscious, reckless and outrageous indifference to the health, safety and welfare of others";