Maryland Complaint for Conversion Seeking Punitive Damages

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Multi-State
Control #:
US-02074BG
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Word; 
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Description

Conversion occurs when someone wrongfully uses property of another for their own purposes or alters or destroys it. In an action for conversion, the taking of the property may be lawful, but the retaining of the property is unlawful. To succeed in the action, the plaintiff must generally prove that he or she demanded the property returned and the defendant refused to do so.


Punitive damages are damages awarded in a lawsuit as a punishment and example to deter others from malicious, evil or particularly fraudulent acts. Plaintiff has the burden of proving that punitive damages should be awarded, and the amount, by a preponderance of the evidence. In order to succeed, the plaintiff must prove that the defendant's conduct was malicious, or in reckless disregard of plaintiff's rights.


The following form is a complaint that adopts the notice pleadings format of the Federal Rules of Civil Procedure, which have been adopted by most states in one form or another.

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FAQ

In considering the amount of any punitive damages, consider the degree of reprehensibility of the defendant's conduct [, including whether the conduct that harmed the plaintiff was particularly reprehensible because it also caused actual harm or posed a substantial risk of harm to people who are not parties to this ...

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice. (See also CACI 3940-3942.)

To obtain punitive damages, the plaintiff must prove that the defendant willfully interfered with or destroyed the business relationship in a particularly ?egregious? manner. Tortious interference with business is a serious matter that can significantly affect a company's financial wellbeing.

There is no statutory cap on punitive damages in the state of Maryland. The value of punitive damages could be as high as three to ten times the amount of compensatory damages. Juries are instructed to award punitive damages in an amount that would deter the defendant and others from engaging in similar conduct.

To ensure that unconstitutional punishment is not imposed in the form of punitive damages, the Court has set forth three "guideposts" for courts to consider in reviewing punitive damages awards: "(1) the degree of reprehensibility of the defendant's misconduct; (2) the disparity between the actual or potential harm ...

The right to a punitive damages award in California is strictly statutory. Civil Code section 3294 provides that a plaintiff can obtain punitive damages when it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice.

Punitive damages in Maryland are rare, but may be awarded as long as it can be proven with clear and convincing evidence that the at-fault party acted with actual malice. State law defines actual malice as ?deliberate wrongdoing, evil or wrongful motive, intent to injure, ill will or fraud.?

The Court held that the plaintiff must prove ?actual malice? on the part of the defendant before punitive damages can be awarded. In the products liability context, that means actual knowledge of a defective product and deliberately disregarding known risk of harm to others.

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Maryland Complaint for Conversion Seeking Punitive Damages