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Treble damages under Sales Rep Act not subject to Punitive Damages Act

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The Indiana Supreme Court unanimously held Thursday that treble damages under the Sales Representative Act are not subject to the Punitive Damages Act.

The justices granted transfer to and reversed the trial court’s ruling which agreed with Mor/Ryde International Inc. that the punitive damages restrictions apply to an action pending against the company. Ralph Andrews sued the company after Mor/Ryde terminated his contract with the company. Ralph worked as an independent commissioned sales rep for the company for 12 years and argued that it owed him unpaid commissions. He sought recovery under the Sales Representative Act, which allows for companies to be held liable for exemplary damages in an amount no more than three times the sum of the commissions owed to the sales rep.

On interlocutory appeal, a split Court of Appeals affirmed the trial court. But in Ralph Andrews v. Mor/Ryde International, Inc., 20S04-1406-PL-399, the justices reversed the trial court, citing Judge Michael Barnes’ dissent.

“We agree with Judge Barnes that Obremski’s distinction between common-law punitive damages and statutory exemplary damages is controlling here. While the Punitive Damages Act was enacted to drastically restrict recovery in light of perceived abuses at common law generally, the Sales Representative Act’s treble-damage provisions at issue here — like the similar Crime Victims Relief Act provisions in (Obremski v. Henderson, 497 N.E.2d 909, 911 (Ind. 1986)) — were enacted to increase recovery from what the common law would otherwise permit. We think it highly unlikely that the Legislature would expand a remedy with one hand (the Sales Representative Act or the Crime Victims Relief Act), while restricting it with the other (the Punitive Damages Act),” Justice Loretta Rush wrote.
She noted that the Legislature could have abolished Obremski’s distinction between common law and statutory punitive damages as part of major 1995 amendments to the Punitive Damages Act, but chose not to do so.

“… we find it instructive that an amendment that dramatically increased the reach of the Punitive Damages Act nevertheless did not include a change extending it to encompass statutory treble damages,” she wrote.

 

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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