United States Court of Appeals For the Seventh Circuit
Torts — damages
Punitive damages can be awarded even if only restitution is ordered.
“Regardless of whether the bankruptcy court awards damages premised on gain to WOW (i.e., restitutionary damages) or loss to Pro-Pac (i.e., compensatory damages), punitive damages are also available, if otherwise appropriate. Wisconsin law allows awards of punitive damages when ‘compensatory damages’ are imposed. Groshek v. Trewin, 784 N.W.2d 163, 174-76 (Wis. 2010). The Restatement (Second) of Torts defines ‘compensatory Damages’ as ‘the damages awarded to a person as compensation, indemnity or restitution for harm sustained by him,’ Restatement (Second) of Torts § 903 (1979), and Wisconsin has adopted this definition, Link, 2012 WL 130531, at *3 n.4. Pro-Pac’s reliance on any particular theory of tort damages does not foreclose an award of punitive damages to deter intentional wrongdoing, if such damages are deemed appropriate.”
Reversed and Remanded.
Appeal from the United States District Court for the Eastern District of Wisconsin, Stadtmueller, J., Per Curiam.