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PUNITIVE DAMAGES

The UVTA does not provide for punitive damages, so the availability of such damages will be determined by decisional law. However, to the extent that punitive damages are allowed (and they frequently are), they will be authorized by § 7(a)(3)(iii) and § 12, below.

OTHER RELIEF § 7(a)(3)(iii)

(a) In an action for relief against a transfer or obligation under this [Act], a creditor, subject to the limitations in Section 8, may obtain:

(3) subject to applicable principles of equity and in accordance with applicable rules of civil procedure:
(iii) any other relief the circumstances may require.

UVTA § 12. SUPPLEMENTARY PROVISIONS.

Unless displaced by the provisions of this [Act], the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cause, supplement its provisions.




PUNITIVE DAMAGES ARTICLES

  • 2020.10.22 ... Eleventh Circuit Affirms Punitive Damages For A Fraudulent Transfer And Rejects Constructive Notice In Judkins
  • 2015.05.27 ... Kekonas' Punitive Damages Award For Fraudulent Transfers Gets Bigger On Appeal
  • 2014.01.22 ... The $867 Dispute Becomes An $883,654 Judgment In Ravet
  • 2013.10.15 ... Hawaiian Fraudulent Transferee Hangs Ten To Punitive Damages
  • 2013.09.23 ... Fraudulent Transfers Trigger Crime-Fraud Exception And $10 Million Punitive Damages In Cutuli
  • 2013.04.23 ... Fraudulent Transfer Leads To Punitive Damages And Attorney's Fees Equal To Six Times The Amount Of The Underlying Judgment In Renbolt
  • 2012.05.08 ... Fraudulent Transfer Leads To Punitive Damages Award In California

PUNITIVE DAMAGES TOPICS AND OPINIONS