Also known as: egregiously · flagrant · outrageous
Written by attorneys · grounded in primary & secondary sources — see below
Conduct that is extremely or remarkably bad or flagrant.
Select any source to read its text and confirm it supports the definition.
A landlord repeatedly entered a tenant's apartment without notice and made false accusations of criminal activity to neighbors. The tenant suffered severe anxiety requiring medical treatment. The landlord's actions met the threshold for extreme and outrageous conduct.
An officer conducted an unlawful traffic stop based on a minor equipment violation. The stop uncovered an unrelated outstanding arrest warrant. The officer's error was at most negligent and lacked any flagrant purpose.
A manufacturer knowingly sold vehicles with a known brake defect that caused multiple accidents. Internal documents showed the defect was concealed to avoid recall costs. The jury considered this conduct when awarding punitive damages.
An attorney missed a statute of limitations filing and paid the client from personal funds to hide the error. The attorney never disclosed the potential malpractice claim or advised the client to seek independent counsel. This conduct amounted to serious professional misconduct.
A company dumped toxic waste near a residential area while assuring residents the site was safe. The dumping caused long-term health effects that the company had documented internally. The jury awarded punitive damages to punish the conduct and deter similar behavior.
An automaker refinished damaged cars before sale without disclosure. The buyer suffered only economic loss with no safety impact or pattern of similar acts. The conduct did not rise to the level required for a large punitive award.
Egregious conduct supports punitive damages when it reflects evil motive or reckless indifference to others' rights. Courts assess the character of the act, the harm caused or intended, and the defendant's wealth.
Missing a deadline alone is usually insufficient, but concealment of the error and failure to advise the client of a malpractice claim constitute serious misconduct beyond ordinary negligence.
Purposeful or flagrant misconduct weighs strongly against finding attenuation. Negligent errors without flagrant purpose are more likely to be attenuated by intervening circumstances such as discovery of a valid warrant.
…to do justice by obtaining a proper result by irregular or improper means.' Not only does the use of the third degree involve a flagrant violation of law by the officers of the law, but it involves also the dangers of false confessions, and it tends to make police and prosecutors less zealous in the search for objective…