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Published by the Indiana Office of Court Services

Andrews v. Mor/Ryde International, Inc., No. 20S04-1406-PL-399, __ N.E.3d __ (Ind., June 19, 2014).

June 26, 2014 Filed Under: Civil Tagged With: L. Rush, Supreme

Rush, J.
Indiana significantly restricts recovery of common-law punitive damages, including a heightened burden of proof, a cap on their amount, and diverting 75% of such awards to the State. But we have held those restrictions do not reach statutory treble-damage awards under the Crime Victims Relief Act—and today, we reach the same conclusion as to mandatory “exemplary damage” awards under the Indiana Sales Representative Act. We therefore grant transfer and reverse the trial court.
….
Conclusion
Like Judge Barnes, we “cannot discern why a different rule should apply to an award of treble damages under the [Sales Representative Act]” than the rule Obremski applied to such damages under the Crime Victims Relief Act. We therefore grant transfer, hold that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act, and accordingly reverse the trial court.
Dickson, C.J., and Rucker, David, and Massa, JJ., concur.
 

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