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You mean like introducing evidence of prior bad acts used to prove actions in conformance? This is both 1) not admissible evidence under FRE 404 and 2) not how you get punitive damages.

Punitive damages are (generally) specifically made available by statute, and often have to do with fraud. Because fraud has some men’s rea elements, you’re not entirely wrong to look to prior bad acts, but it’s not as simple as, “they did this many times so this time they must pay punitive damages.”




Thanks, great answer!




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