September 27, 2013

"Changing Tides: the Introduction of Punitive Damages into the French Legal System"

This is the second law review article we've seen discussing the Fountaine Pajot decision by France's Cour de Cassation (the supreme court for civil matters).  In that case, the court surprised many observers by holding that punitive damages are not, per se, contrary to French public policy.

This article, Changing Tides: the Introduction of Punitive Damages into the French Legal System,   appears in the Winter 2013 edition of the Georgia Journal of International & Comparative Law, which was just uploaded to Westlaw.  The author contends that the Fountaine Pajot case is one of several indications that European opposition to punitive damages is eroding.  I can't find a copy online, so you'll need to access Westlaw or head to a library to read the whole thing.

Related posts:

New law review article on enforcement of U.S. punitive damages awards in France

The French dip deeper into punitive damages jurisprudence

French Supreme Court rules that American punitive damages awards are enforceable, as long as they don't exceed compensatory damages

Law Review Article Focuses on a French Court's Refusal to Enforce a California Punitive Damages Award

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