Under Minnesota law, civil plaintiffs are not allowed to request punitive damages when they file a complaint (lawsuit). They are required, instead, to request permission from the court to add a claim for punitive damages after the complaint has been filed. The request (motion) must include affidavits that provide clear and convincing prima facie evidence that the defendant showed a deliberate disregard for the rights or safety of others (see Minn. Stat. § 549.191).
I requested a hearing on such a motion, scheduled for Tuesday, November 3rd, 2009. Below is a redacted version of my memorandum of law in support of the motion (the exhibits are not included).
Memorandum of law supporting plaintiff's motion for leave to amend the complaint to add a claim of punitive damages
A response was served by counsel for Boris Parker, Bassford Remele, and Saliterman & Siefferman (Paul Peterson, Esq.). In brief, they argue my evidence does not amount to prima facie clear and convincing evidence that the Parker Defendants had a willful disregard for the rights of others.
I wrote a reply brief, linked to below (again, exhibits are not included).
Reply in support of plaintiff's motion for leave to amend the complaint to add a claim of punitive damages
The Court's Ruling (2009-11-16)Order and Memorandum Denying Plaintiff's Motion to Amend
This page last modified 2010-11-05