...Feld, this Court Adopted Section 908(2) of the Restatement (Second) of Torts. Section 908(2) states (2) Punitive damages may be awarded for...policy reasons why. In fact, we relied upon Section 908 of the Restatement of Torts and analyzed the verdict in conjunction with the factors set forth in Section 908(2). Section 908...the factors set forth in Section 908 of the Restatement (Second) of Torts, but would also prohibit victims of malicious conduct, who...

.... In light of our grant of a new trial on the issue of liability, the issues regarding damages are moot. However, in anticipation of the same issues arising at retrial, we will address them. A. Punitive Damages This Court has embraced the guideline of Section 908(2) of the Restatement (Second) of Torts regarding...harmful acts of third persons, as are common carriers, innkeepers and other owners of places of public resort. Section 344, comment (f) of the Restatement (Second) of Torts, adopted by this court in...Section 323 of the Restatement (Second) of Torts, which provides: § 323 Negligent Performance of Undertaking to Render Services...

..., 517 A.2d 1270 (1986); Restatement of Torts, Section 908(1). In Feld v. Merriam, 506 Pa. 383, 485 A.2d 742 (1984), we adopted Section 908(2) of the Restatement (Second) of..., 192 A.2d 355, 358 (1963) (quoting comment b to Section 908[1] of the Restatement of Torts) (emphasis added). See Feld v. Merriam, 506 Pa. at...Section 908 further states that "[r]eckless indifference to the rights of others and conscious action in deliberate disregard of them (see § 500) may provide the necessary state of mind to justify...

...indifferent to its client's investment objectives. In both cases, liability for punitive damages was predicated on Pennsylvania's adoption of section 908(2) of the Restatement (Second) of Torts. Under...section 205 of the Restatement (Second) of Trusts, not section 908 of the Restatement (Second) of Torts. Although section 908 provides for punitive damages, section 205 does not, and...., INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, MELLON BANK, N.A., APPELLANT, PENNSYLVANIA BANKERS ASSOCIATION; PROBATE AND TRUST LAW SECTION OF THE ALLEGHENY COUNTY BAR ASSOCIATION...

...mandate. Section 908 (2) of the Restatement ( Second) of Torts (Tent. Draft No. 19, 1973), dealing with the assessment of punitive damages, does not require that any..., as well as any mitigating circumstances which may operate to reduce the amount of the damages. Restatement ( Second) of Torts § 908(2) (Tent. Draft No. 19, 1973); 22 Am. Jur...); Dobbs, Remedies § 3.9, at 205 (1973); McCormick, Damages § 77 (1935); Prosser, Torts § 2, at 9 (4th ed. 1971); Restatement ( Second) of Torts § 908(1...

..., a nonsuit is proper only when, viewing all of the evidence in the plaintiff's favor, the factfinder cannot reasonably conclude that all elements of a cause of action have been established. West Philadelphia Therapy Ctr. v. Erie Ins. Group, 751 A.2d 1166, 1167 (Pa.Super.2000). ¶ 9 In support of their position, the defendants point to section 908(2) of the Restatement (Second) of Torts, which...character of the defendant's act, the nature and extent of the harm to the plaintiff that the defendant caused or intended to cause and the wealth of the defendant. RESTATEMENT (SECOND) OF TORTS § 908(2) (1979). The defendants argue that our Supreme Court's subsequent decision in Kirkbride v. Lisbon Contractors, Inc., 521 Pa. 97, 555 A.2d 800 (1989), in which the Court revisited section 908...concluded that, in determining an appropriate punitive damage award, it is the jury's province to assess the factors outlined in section 908(2) of the Restatement (Second) of Torts, i.e., (1) the...

...rights. The aim of punitive damages is deterrence of similar conduct"). An award of punitive damages in Pennsylvania is explicitly circumscribed by the factors set forth in Section 908(2) of the Restatement (Second) of Torts and...related concepts. This Court has embraced the guideline of section 908(2) of the Restatement (Second) of Torts regarding...cause and the wealth of the defendant." Restatement (Second) of Torts § 908(2). See also Restatement (Second) of Torts § 908, comment (b) ("[T]he purpose of punitive damages is not...

...compensate "for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others." Fundamentally, punitive damages are penal in nature; the objective is to punish a tortfeasor for his outrageous conduct and to deter him from similar conduct in the future. Pennsylvania has adopted Section 908(2) of the Restatement (Second) of Torts, which..., 192 A.2d 355 (1963); RESTATEMENT (SECOND) OF TORTS, § 908(2...evidence to establish: (1) that the defendant had a subjective appreciation of the risk of harm to which the plaintiff was exposed; and (2) that...

...the guideline of Section 908(2) of the Restatement (Second) of Torts regarding the imposition of punitive damages: 'Punitive damages may be awarded for conduct that is outrageous, because of the... E.D. Pa. UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CIVIL ACTION No. 14-cv-02128...defendant's evil motive or his reckless indifference to the rights of others.'" Feld v. Merriam, 506 Pa. 383, 395...

..., the Supreme Court of Pennsylvania adopted Section 908(2) of the Restatement (Second) of Torts, which provides in relevant part: Punitive damages may be...against claims where the allegations are sufficient to bring those claims under the terms of the policy and the second duty is to pay that which it has agreed to pay in appropriate cases under the.... Filed July 27, 1987. Appeal from the Court of Common Pleas of Philadelphia...

...overreached on costs and expenses. Haines also argues that the trial court erred by imposing $150,000 in punitive damages. This Court has adopted Section 908(2) of the Restatement (Second) of Torts regarding...indifference to the rights of others." Restatement (Second) of Torts § 908(2) (1977). See Feld v. Merriam, 506 Pa. 383...April 2, 1975, meeting, the judge put an initial settlement range on the case of between $500,000 and $3,000,000. N.T. 7/21/83 at 107. Haines reiterated his client's demand of $1.2 million. Mr. Moran, a...

...favorable to the non-moving party. The district court's order must be affirmed "unless the record is `critically deficient of the minimum quantum of evidence from which the jury might reasonably afford relief.'" Kinnel v. Mid-Atlantic Mausoleums, Inc., 850 F.2d 958, 961 (3d Cir. 1988). All parties agree that Pennsylvania law applies. As a general guide in assessing punitive damages, Pennsylvania recognizes the principles set forth in section 908(2) of the Restatement (Second) of Torts, which..., 494 A.2d 1088, 1096 (1985) (quoting Restatement (Second) of Torts § 908(2)); Feld v. Merriam, 506 Pa. 383...circumstances which would bring home to the realization of the ordinary reasonable man the highly dangerous character of his conduct." Restatement (Second) of Torts § 500, comment c. Instead, Martin...

...violation of the Act." The Third Circuit sought to distinguish between intentional and willful violations of the ADEA to avoid imposing double damages in almost every disparate treatment case. Id. Relying upon section 908(2) of the Restatement (Second) of Torts, the.... I Section 7(b) of the ADEA, 29 U.S.C. § 626(b), provides for liquidated damage awards when an employer...decision. Record on Appeal, Vol. 2, at 101-03. This finding, however, flies in the face of the jury's finding of intentional discrimination. If the jury believed that ACIPCO had truly selected another...

...general standard for punitive damages also encompasses an inquiry into "defendant's evil motive or his reckless indifference to the rights of others." See Restatement (Second) of Torts § 908(2) (1977). However, the Thurston Court disclaimed a need to show "evil motive or bad purpose" as an element of willfulness. Thurston, 105 S.Ct. at 624 n. 19. Hence, more assistance for our purposes may be afforded by other aspects of the punitive damages standard. Section 908...Berroyer v. Hertz, 672 F.2d 334, 340 (3d Cir. 1982), we quoted the comments to section 908(2) of the Restatement (Second) of Torts which state in part, "since...from similar conduct in the future." The essence of punitive damages is that they may be awarded "for conduct that is outrageous." Restatement (Second) of Torts § 908(2) (emphasis added...

.... C. Analysis Under Pennsylvania law, punitive damages are only available to compensate "for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others." Fundamentally, punitive damages are penal in nature; the objective is to punish a tortfeasor for his outrageous conduct and to deter him from similar conduct in the future. Pennsylvania has adopted Section 908(2) of the Restatement (Second) of Torts, which...) OF TORTS, § 908(2)). See Feld, 485 A.2d at 1097-98..., a court reviewing the sufficiency of a complaint must take three steps. First, it must tak[e] note of the elements [the] plaintiff must plead to state a claim. Second, it should identify allegations...

...908(2) of the Restatement (Second) of Torts regarding the imposition of punitive damages. That provision permits punitive damages for conduct that is `outrageous because of the defendant's evil...motives or his reckless indifference to the rights of others.' Restatement (Second) of Torts § 908(2) (1977). See Feld v..., (hereinafter "appellee"). The two (2) issues which have been presented for our review are: (1) whether appellee met her burden of proof at trial regarding the value of her personal property which was...

...is governed by Pennsylvania law. Pennsylvania follows section 908(2) of the Restatement (Second) of Torts and allows punitive damages only for "conduct that is outrageous, because of the defendant's..., 555 A.2d 800, 803 (1989) ( quoting Restatement (Second) of Torts § 908(2)). The district court found no evidence to support an award of punitive damages..., 1583 (Fed.Cir. 1988) (survey not necessary to show acquired distinctiveness under section 2(f) of the Lanham Act). Since a consumer survey was not necessary for Jacquin to prove its claim, the refusal of...

...section 908(2) of the Restatement (Second) of Torts, which provides that: Punitive damages may be awarded for conduct that is outrageous, because of the.... Maassen, 904 F.2d 178, 181 (3d Cir. 1990) (quoting Restatement (Second) of Torts § 908(2)). The Third Circuit has predicted that the Pennsylvania Supreme Court would adopt the narrow.... International Mill Servs., 617 F. Supp. 187, 189 (E.D.Pa. 1985). Courts have typically considered four-factors in making this determination: (1) the interrelation of operations, (2) common...

...damages are only available to compensate "for conduct that is outrageous, because of the defendant's evil motive or his reckless indifference to the rights of others." Fundamentally, punitive damages are penal in nature; the objective is to punish a tortfeasor for his outrageous conduct and to deter him from similar conduct in the future. Pennsylvania has adopted Section 908(2) of the Restatement (Second) of Torts, which..., 411 Pa. 339, 192 A.2d 355 (1963); RESTATEMENT (SECOND) OF TORTS, § 908(2...] plaintiff must plead to state a claim. Second, it should identify allegations that, because they are no more than conclusions, are not entitled to the assumption of truth. Finally, [w]hen there are well...