Limiting Discovery of a Defendant's Wealth When Punitive Damages Are Alleged

Authors

Stephen E. Woodbury

Abstract

This article addresses the question of when and how information concerning a defendant's financial worth should be disclosed in a claim for punitive damages. The author examines the methods currently used for disclosing this information and argues that the question of discovery of a defendant's wealth should be resolved only after discovery on the merits is concluded. The author rejects other approaches as inadequate, and asserts specifically that a plaintiff should have to prove in a "mini-trial" a prima facie case of a triable issue concerning the defendant's liability for punitive damages before the discovery is allowed.

First Page

349

Recommended Citation

Stephen E. Woodbury, Limiting Discovery of a Defendant's Wealth When Punitive Damages Are Alleged, 23 Duq. L. Rev. 349 (1985).
Available at: https://dsc.duq.edu/dlr/vol23/iss2/5