Wyoming
Wyoming Punitive Damages Laws: Standard, Limits and Rules (2026)
Independently fact-checked against primary sources (last audited October 19, 2026). · 10 primary sources cited on this page. How we verify our legal content
Wyoming allows punitive (also called exemplary) damages as a court-made remedy for willful and wanton misconduct, which the Wyoming Supreme Court describes as conduct "in reckless disregard of the consequences" under circumstances where a reasonable person would know that harm is highly probable. Wyoming has no general punitive damages statute and no general statutory cap, although a few statutes for particular claims set their own limits, and the wrongful death act expressly lets the court or jury award damages "pecuniary and exemplary" (W.S. 1-38-102(c)), which the Wyoming Supreme Court has read to require willful and wanton misconduct for exemplary damages in a death case.
No judgment against a governmental entity may include punitive damages (W.S. 1-39-118(d)), and the Wyoming Supreme Court has held that insuring against punitive damages is not against public policy. For how other states compare, see punitive damages laws by state.
Information last verified on 2026-10-19. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers Wyoming state law on punitive (exemplary) damages in civil cases: the Wyoming Supreme Court's common-law rules and the statutes named below. It does not cover compensatory damages, wrongful-death procedure, deadlines and beneficiaries (see Wyoming wrongful death law), federal claims, or every statute that authorizes punitive or multiplied damages for a particular claim beyond those named here.
Does Wyoming allow punitive damages?
Yes, as a remedy developed by the courts. Wyoming has no general statute that sets the standard, burden, cap or procedure for punitive damages in ordinary tort cases. The rules come from Wyoming Supreme Court decisions, with a few statutes that address punitive or exemplary damages for particular claims.
Wyoming courts treat the remedy as an exception. In Lompe v. Sunridge Partners, LLC, 818 F.3d 1041 (10th Cir. 2016), the U.S. Court of Appeals for the Tenth Circuit summarized Wyoming law, quoting Wyoming Supreme Court decisions: "Under Wyoming law, punitive damages are disfavored 'and are to be allowed with caution within narrow limits.'" Punitive damages "are only appropriate for 'circumstances involving outrageous conduct, such as intentional torts, torts involving malice and torts involving willful and wanton misconduct.'"
What must be proven
Willful and wanton misconduct. As the Tenth Circuit put it in Lompe, "the Wyoming Supreme Court defines willful and wanton misconduct as 'the intentional doing, or failing to do, an act in reckless disregard of the consequences and under circumstances and conditions that a reasonable person would know that such conduct would, in a high degree of probability, result in harm to another.'"
More than negligence. In Danculovich v. Brown, 593 P.2d 187 (Wyo. 1979), the Wyoming Supreme Court explained:
"Willful and wanton misconduct is that which tends to take on the aspect of highly unreasonable conduct, or an extreme departure from ordinary care, in a situation where a high degree of danger is apparent. It is not with the intent to cause injury or damage, but it must be more than mere mistake resulting from inexperience, excitement or confusion, and more than mere thoughtlessness or inadvertence, or simple inattention."
The court added: "While 'ordinary' and 'gross' negligence differ in degree, 'ordinary' negligence and 'willful and wanton' misconduct differ in kind."
Burden of proof. No Wyoming statute sets the burden, and no Wyoming Supreme Court decision cited on this page states it. In Lompe, a federal case tried under Wyoming law, the district court instructed the jurors that they could award punitive damages "if, and only if, you find by a preponderance of the evidence that that defendant was guilty of willful and wanton misconduct," an instruction modeled on Wyoming Civil Pattern Jury Instruction 4.06. That shows the instruction used in that trial; it is not a Wyoming Supreme Court holding on the burden.
How the amount is decided
Pleading and discovery. Under Campen v. Stone, 635 P.2d 1121 (Wyo. 1981), a plaintiff "may claim in his complaint a right to punitive damages and then seek pretrial discovery of a defendant's wealth," and the defendant may move for a protective order "requiring the plaintiff to make a prima facie showing to the trial court that a viable issue exists for punitive damages." In Cramer v. Powder River Coal, LLC, 2009 WY 45, the Wyoming Supreme Court affirmed the denial of wealth discovery and summary judgment against a punitive damages claim where that showing was not made.
A two-step trial. In Cates v. Eddy, 669 P.2d 912 (Wyo. 1983), the Wyoming Supreme Court described the procedure from Campen v. Stone, 635 P.2d 1121 (Wyo. 1981): "If the jury finds that punitive damages should be awarded, it then hears evidence of the defendant's financial status and returns a separate verdict setting the award of punitive damages."
Evidence of wealth. The Wyoming Supreme Court has held that "in the absence of evidence of a defendant's wealth or financial condition an award of punitive damages cannot be sustained." In Rosty v. Skaj, 272 P.3d 947 (Wyo. 2012), it reversed a punitive award supported only by testimony about the defendant's years of employment and a paystub showing his hourly wage.
Review of excessive awards. The Wyoming Supreme Court can reduce an award it finds excessive. In Cates, it held "that the punitive damage award in this case is excessive by $100,000" and gave the plaintiff the choice of accepting a $200,000 judgment by filing a remittitur or a new trial on damages.
The Shirley factors. In Wyoming Fall Creek, LLC v. Anderson, 2026 WY 42, the Wyoming Supreme Court restated that it has "adopted a seven-factor test ... for the finder of fact to use in determining the availability and amount of punitive damages" (Farmers Ins. Exch. v. Shirley, 958 P.2d 1040 (Wyo. 1998)). The factors include the relationship of the award to the likely and actual harm, the reprehensibility of the conduct, the defendant's profit and financial position, the costs of litigation, and, in mitigation, criminal sanctions and other civil actions for the same conduct.
The court also stated that "[a]ttorney fees are available as a form of punitive damages." It reviewed the constitutionality of the award de novo although the defendant had not raised that issue in the trial court, rejected a bright-line 1:1 ratio, and affirmed a punitive award of the plaintiff's attorney fees.
The U.S. Supreme Court's due-process limits on the size of punitive awards also apply to Wyoming verdicts; the punitive damages hub explains them.
Is there a cap on punitive damages in Wyoming?
No Wyoming statute sets a general cap or multiplier on punitive damages. The absence of a cap reflects the absence of a statute; no Wyoming Supreme Court decision cited on this page holds that the Wyoming Constitution forbids one. Article 10, section 4(a) of the constitution provides that "No law shall be enacted limiting the amount of damages to be recovered for causing the injury or death of any person," but no decision cited here applies that clause to punitive damages.
Claim-specific limits. Some statutes for particular claims set their own amounts:
- Trade secrets. "If willful and malicious misappropriation exists, the court may award exemplary damages in the amount not exceeding twice any award made under subsection (a) of this section" (W.S. 40-24-103(b)).
- Bad-faith patent infringement assertions. A court may award "exemplary damages in an amount equal to fifty thousand dollars ($50,000.00) or three (3) times the total of damages, costs and fees, whichever is greater" (W.S. 40-1-203(a)(iv)).
- Jurors' employment. An employer who violates the jurors' employment protection statute "is liable for exemplary damages to the employee in an amount set by the court, but not to exceed one thousand dollars ($1,000.00) for each violation as to each employee" (W.S. 1-11-401(b)(ii)).
Does Wyoming take a share of the award?
No general statute does. Wyoming has no general split-recovery statute, and neither the wrongful death act nor the Governmental Claims Act sends any part of a punitive award to the state or a fund.
Punitive damages in Wyoming wrongful death cases
Wyoming's wrongful death act names exemplary damages expressly. W.S. 1-38-102(c) provides:
"The court or jury, as the case may be, may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit an action for wrongful death is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort."
In Danculovich v. Brown (1979), the Wyoming Supreme Court held that this reference "was only an enumeration of possible damages and not an enlargement of the basis for damages." Exemplary damages in a death case "can be awarded here only if the jury finds willful and wanton misconduct on the part of defendant."
The act also provides that "if the person liable dies, the action may be brought against the executor or administrator of his estate" (W.S. 1-38-101). Who brings the action and the deadlines are on the Wyoming wrongful death page. For crash claims generally, see Wyoming car accident law.
Employer liability
In Campen v. Stone (1981), the Wyoming Supreme Court adopted the Restatement test "in determining when an employer may be held liable for punitive damages as a result of the misconduct of the employee." Punitive damages can be awarded against an employer for an employee's act "if, but only if," the employer or a managerial agent authorized the doing and the manner of the act; the employee was unfit and the employer or a managerial agent was reckless in employing or retaining him; the employee was employed in a managerial capacity and acting in the scope of employment; or the employer or a managerial agent ratified or approved the act.
Government defendants
Governmental entities. Under the Wyoming Governmental Claims Act, "no judgment against a governmental entity shall include an award for exemplary or punitive damages, for interest prior to judgments or for attorney's fees" (W.S. 1-39-118(d)).
Local government self-insurance. "Notwithstanding any other provision of this act, no expenditure shall be made from the program in any action to pay any claim or final judgment for exemplary or punitive damages" (W.S. 1-42-202(f)).
County officers housing state prisoners. When a sheriff or the sheriff's staff is sued over the housing and care of convicted felons, or of probation, parole or conditional release violators, the state indemnifies them "from all civil liability incurred or adjudged except punitive damage awards" (W.S. 7-13-107(f); 7-13-1803(f)).
Does insurance pay punitive damages in Wyoming?
Insurance coverage is not barred by public policy. In Sinclair Oil Corp. v. Columbia Casualty Co., 682 P.2d 975 (Wyo. 1984), answering certified questions, the Wyoming Supreme Court stated: "We hold that it is not against the public policy of the State of Wyoming to insure against either liability for punitive damages imposed vicariously based on willful and wanton misconduct or personal liability for punitive damages imposed on the basis of willful and wanton misconduct."
If a property and casualty insurer becomes insolvent, the Wyoming Insurance Guaranty Association's covered claims do not include "any amount awarded as punitive or exemplary damages, unless those damages are specifically named as covered risks in the policy under which coverage is provided" (W.S. 26-31-103).
Wyoming punitive damages at a glance
| Question | Wyoming rule | Source |
|---|---|---|
| Source of the remedy | Court-made; no general statute | Danculovich v. Brown (Wyo. 1979); Lompe (10th Cir. 2016) |
| Conduct standard | Willful and wanton misconduct; outrageous conduct such as intentional torts or malice | Danculovich (Wyo. 1979); Lompe (10th Cir. 2016) |
| Burden of proof | No Wyoming Supreme Court holding cited here; a federal trial applying Wyoming law used a preponderance instruction | Lompe (10th Cir. 2016) |
| Trial procedure | Jury decides whether to award, then hears financial-status evidence and returns a separate verdict on amount | Cates v. Eddy (Wyo. 1983) |
| Amount factors | Seven factors from Shirley, including harm, reprehensibility, profit, financial position and litigation costs; no bright-line 1:1 ratio | Farmers Ins. Exch. v. Shirley (Wyo. 1998); Wyoming Fall Creek (2026 WY 42) |
| Wealth discovery | On a defendant's motion for a protective order, allowed only after a prima facie showing that a viable punitive claim exists | Campen v. Stone (Wyo. 1981); Cramer (2009 WY 45) |
| Wealth evidence | Required to sustain an award | Rosty v. Skaj (Wyo. 2012) |
| General cap | None; claim-specific limits such as trade secrets (twice the subsection (a) award) and jurors' employment ($1,000 per violation per employee) | W.S. 40-24-103(b); 1-11-401(b)(ii) |
| State share | No general split-recovery statute | W.S. 1-38-102; 1-39-118 |
| Wrongful death | Pecuniary and exemplary damages as fair and just; exemplary only on willful and wanton misconduct | W.S. 1-38-102(c); Danculovich (Wyo. 1979) |
| Employer liability | Only if the act was authorized, an unfit employee was recklessly hired or kept, a managerial employee acted in the scope of employment, or the act was ratified | Campen v. Stone (Wyo. 1981) |
| Governmental entities | No punitive damages in a judgment | W.S. 1-39-118(d) |
| Insurance | Not against public policy; the guaranty association for insolvent insurers excludes punitive awards unless the policy names them as covered | Sinclair Oil (Wyo. 1984); W.S. 26-31-103 |
Recent changes
Wyoming's punitive damages rules come from older decisions, chiefly Danculovich (1979), Campen (1981), Cates (1983) and Sinclair Oil (1984), and from the statutes above. In April 2026, in Wyoming Fall Creek v. Anderson (2026 WY 42), the Wyoming Supreme Court reaffirmed the Shirley factors for setting the amount, restated that attorney fees are available as a form of punitive damages, and declined to impose a 1:1 ratio.
Related pages
- Punitive damages laws by state
- Wyoming wrongful death law
- Wyoming car accident law
- Wyoming statute of limitations
This article provides general legal information about Wyoming punitive damages law as of 2026-10-19. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in Wyoming.
Last updated: 2026-10-19.
Frequently Asked Questions
Does Wyoming allow punitive damages?
Yes, as a court-made remedy for willful and wanton misconduct, which Wyoming courts treat as disfavored and allow with caution within narrow limits. Wyoming has no general punitive damages statute, but the wrongful death act and several statutes for particular claims refer to exemplary damages.
Is there a cap on punitive damages in Wyoming?
No Wyoming statute sets a general cap. Some statutes for particular claims set their own limits, such as exemplary damages of up to twice the award made under W.S. 40-24-103(a), for willful and malicious trade secret misappropriation (W.S. 40-24-103(b)) and up to $1,000 per violation per employee under the jurors' employment protection statute (W.S. 1-11-401(b)(ii)). Courts can reduce an excessive award.
What has to be proven for punitive damages in Wyoming?
Willful and wanton misconduct: intentionally doing, or failing to do, an act in reckless disregard of the consequences when a reasonable person would know harm is highly probable. Ordinary negligence and willful and wanton misconduct differ in kind (Danculovich v. Brown, 1979).
What is the burden of proof for punitive damages in Wyoming?
No Wyoming statute or Wyoming Supreme Court decision cited here states it. In Lompe v. Sunridge Partners (10th Cir. 2016), a federal trial under Wyoming law, the jury was instructed on a preponderance of the evidence, using an instruction modeled on Wyoming Civil Pattern Jury Instruction 4.06.
Are punitive damages available in a Wyoming wrongful death case?
The wrongful death act provides that the court or jury may award damages, pecuniary and exemplary, as shall be deemed fair and just (W.S. 1-38-102(c)). The Wyoming Supreme Court has held that this wording does not enlarge the basis for them: exemplary damages in a death case require a finding of willful and wanton misconduct (Danculovich v. Brown, 1979).
Are punitive damages available against a government agency in Wyoming?
No judgment against a governmental entity may include exemplary or punitive damages (W.S. 1-39-118(d)), and the local government self-insurance program may not pay a claim or judgment for them (W.S. 1-42-202(f)).
Does insurance cover punitive damages in Wyoming?
Wyoming public policy does not forbid it. The Wyoming Supreme Court held in Sinclair Oil Corp. v. Columbia Casualty Co. (1984) that insuring against punitive damages for willful and wanton misconduct, imposed vicariously or personally, is not against public policy. If an insurer becomes insolvent, the Wyoming Insurance Guaranty Association does not pay punitive or exemplary awards unless the policy specifically names them as covered risks (W.S. 26-31-103).
Does Wyoming take part of a punitive damages award?
No general statute does. Wyoming has no general split-recovery statute directing a share of a punitive award to the state or a fund.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 38: Wrongful Death
§ 1-38-102Action to be brought by wrongful death representative; recovery exempt from debts; measure and element of damages; limitation of action.In forcecited in 8 of our articles
(a) Every wrongful death action under W.S. 1-38-101 shall be brought by and in the name of the decedent's wrongful death representative for the exclusive benefit of beneficiaries who have sustained damage. (b) If the decedent left a husband, wife, child, father or mother, no debt of the decedent may be satisfied out of the proceeds of any judgment obtained in any action for wrongful death or out of the proceeds of any settlement of a wrongful death claim. (c) The court or jury, as the case may be, may award such damages, pecuniary and exemplary, as shall be deemed fair and just. Every person for whose benefit an action for wrongful death is brought may prove his respective damages, and the court or jury may award such person that amount of damages to which it considers such person entitled, including damages for loss of probable future companionship, society and comfort. (d) An action for wrongful death shall be commenced within two (2) years after the death of the decedent.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 19 court opinions in our collectionLatest citing opinion in our collection: 2022
Opinions citing this section in our collection:
- Corkill v. Knowles (Wyoming Supreme Court 1998, 955 P.2d 438)“…Recognizing that we have referred to the time limitation in Wyo. Stat. § 1-38-102(d) as a statute of limitation in previo…”
- In Re Estate of Johnson (Wyoming Supreme Court 2010, 231 P.3d 873)“…te in probate. [1] In reaching those conclusions, we find Wyo. Stat. Ann. § 1-38-102 (a) to be unambiguous. The statute, whi…”
- Edwards v. Fogarty (Wyoming Supreme Court 1998, 962 P.2d 879)“…and on behalf of each person entitled to claim pursuant to W.S. § 1-38-102 (1977), Appellants (Plaintiffs), v. W…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Hit and Run Laws: Penalties and What to Do, Wyoming Statute of Limitations: Filing Deadlines by Case Type, Truck Accident Laws in Wyoming (2026): Deadlines & Liability
§ 1-38-101Actions for wrongful death which survive; proceedings against executor or administrator of person liable.In forcecited in 3 of our articles
Whenever the death of a person is caused by wrongful act, neglect or default such as would have entitled the party injured to maintain an action to recover damages if death had not ensued, the person who would have been liable if death had not ensued is liable in an action for damages, even though the death was caused under circumstances as amount in law to murder in the first or second degree or manslaughter. If the person liable dies, the action may be brought against the executor or administrator of his estate. If he left no estate within the state of Wyoming, the court may appoint an administrator upon application.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 15 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- McMackin v. Johnson County Healthcare Center (Wyoming Supreme Court 2004, 88 P.3d 491)“…tions permitted under the Wyoming Wrongful Death statute, [ Wyo. Stat. Ann. § 1-38-101 (LexisNexis 2003) ] and the Wyoming Go…”
- Life Care Center of Casper v. Leah Barrett (Wyoming Supreme Court 2020, 462 P.3d 894)“…4 [¶14] Wyo. Stat. Ann. § 1-38-101 creates a cause of action for wrongful…”
- Edwards v. Fogarty (Wyoming Supreme Court 1998, 962 P.2d 879)“…two issues: I. Did the district court err in finding that W.S. § 1-38-101 must be construed with W.S. § 1-3-107 i…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Wrongful Death Laws (2026): Deadlines & Who Sues, Medical Malpractice Laws in Wyoming (2026): Deadlines & Caps
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 39: Governmental Claims
§ 1-39-118Maximum liability; insurance authorized.In forcecited in 2 of our articles
(a) Except as provided in subsection (b) of this section, in any action under this act, the liability of the governmental entity, including a public employee while acting within the scope of his duties, shall not exceed: (i) The sum of two hundred fifty thousand dollars ($250,000.00) to any claimant for any number of claims arising out of a single transaction or occurrence; or (ii) The sum of five hundred thousand dollars ($500,000.00) for all claims of all claimants arising out of a single transaction or occurrence. (b) A governmental entity is authorized to purchase liability insurance coverage covering any acts or risks including all or any portion of the risks provided under this act.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Cited in 23 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Bell v. Schell (Wyoming Supreme Court 2004, 101 P.3d 465)“…t will be helpful to review the factual and legal context. Wyo. Stat. Ann. § 1-39-118 (a) requires claims to be presented to…”
- City of Laramie v. Facer (Wyoming Supreme Court 1991, 814 P.2d 268)“…yo. 1988); Hurst v. State, 698 P.2d 1130 (Wyo. 1985). W.S. 1-39-118(a) 2 establishes the maximum liability…”
- Weston County Hospital Joint Powers Board v. Westates Construction Co. (Wyoming Supreme Court 1992, 841 P.2d 841)“…we now reject usage of the installment payment provision of Wyo.Stat. § 1-39-118(c)(iv). Consequently, I dissent.…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Wyoming Slip and Fall Laws: Proving Premises Liability
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 42: Local Government Insurance Program - Article 2: Local Government Self-insurance Program - Local Administration
§ 1-42-202Local government self-insurance program; creation; authorized payments.In force
(a) There is created the local government self-insurance program to provide a mechanism for local governments to pool resources to handle claims brought against local governments under the Wyoming Governmental Claims Act and arising under federal law. It is the intent of the legislature that the local government self-insurance program shall be operated by a joint powers board formed by local governments participating in the program and administered in accordance with the provisions of this act. The program shall provide for assessments by participating local governments, which together with all income from investments of the program and payments by insurance or reinsurance companies are actuarially sufficient to meet anticipated claims against participating local governments and all associated administrative expenses.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 7 - Criminal Procedure - Chapter 13: Sentence and Imprisonment - Article 1: In General
§ 7-13-107Split sentence of incarceration in county jail followed by probation; civil liability of county officers and employees.In force
(a) Following a defendant's conviction of, or his plea of guilty to any felony, other than a felony punishable by death or life imprisonment, the court may impose any sentence of imprisonment authorized by law and except as provided in subsection (g) of this section, may in addition provide: (i) That the defendant be confined in the county jail for a period of not more than one (1) year; and (ii) That the execution of the remainder of the sentence be suspended and the defendant placed on probation. (b) In placing the defendant on probation under subsection (a) of this section, the court may also: (i) Impose any fine provided by the statute violated; (ii) Apply the provisions of W.S. 7-13-501 through 7-13-503. (c) Except as provided in subsection (a) of this section, the court may impose a split sentence of incarceration followed by probation in any felony case including those in which the statute violated specifically provides for a sentence of imprisonment in the state penitentiary.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 7 - Criminal Procedure - Chapter 13: Sentence and Imprisonment - Article 18: Probation and Parole Incentives and Sanctions
§ 7-13-1803Procedure for imposing sanctions; housing violators; civil actions against officials.In force
(a) A probation and parole agent who reasonably believes that a defendant, probationer, parolee or conditional releasee has committed one (1) or more compliance violations that require a sanction shall utilize sanctions available within the incentives and sanctions system to determine an appropriate response. Subject to subsection (d) of this section, the agent shall initiate a hearing in accordance with subsection (b) of this section and W.S. 7-13-408 and shall attempt to gain the person's compliance with the conditions of probation, parole or conditional release through the sanctions provided in W.S. 7-13-1802. (b) Any hearing under this section shall be before the field services administrator, his designated hearing officer or any other person authorized pursuant to the laws of this state to hear cases of alleged probation, parole or conditional release violations, except that no hearing officer shall be the person making the allegation of violation.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 40 - Trade and Commerce - Chapter 24: Uniform Trade Secrets Act
§ 40-24-103Damages.In forcecited in 2 of our articles
(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation. Damages can include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator's unauthorized disclosure or use of a trade secret. (b) If willful and malicious misappropriation exists, the court may award exemplary damages in the amount not exceeding twice any award made under subsection (a) of this section.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Also relied on in: Wyoming Trade Secret Laws: UTSA, Remedies & Deadlines
Wyoming Statutes, Title 40 - Trade and Commerce - Chapter 1: Trademarks and Service Marks - Article 2: Bad Faith Assertion of Patent Infringement
§ 40-1-203Private right of action.In force
(a) A target or other person aggrieved by a bad faith assertion of patent infringement in violation of this article may bring an action in a court of proper jurisdiction. A court may award any of the following remedies to a plaintiff prevailing in an action brought pursuant to this section: (i) Equitable relief; (ii) Damages; (iii) Costs and fees, including reasonable attorney fees; (iv) Exemplary damages in an amount equal to fifty thousand dollars ($50,000.00) or three (3) times the total of damages, costs and fees, whichever is greater.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Wyoming Statutes, Title 1 - Code of Civil Procedure - Chapter 11: Trial by Jury - Article 4: Jurors' Employment
§ 1-11-401Protection of jurors' employment.In forcecited in 2 of our articles
(a) No employer shall discharge, threaten to discharge, intimidate or coerce any employee by reason of the employee's jury service, for the attendance or scheduled attendance in connection with jury service, in any court in the state of Wyoming. (b) Any employer who violates the provisions of this section: (i) May be enjoined from further violations of this section in order to provide other appropriate relief, including but not limited to reinstatement; and (ii) Is liable for exemplary damages to the employee in an amount set by the court, but not to exceed one thousand dollars ($1,000.00) for each violation as to each employee; and (iii) Is liable for the employee's reasonable costs and attorney's fees, as set by the court, in enforcing his rights hereunder.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at wyoleg.gov
Also relied on in: Wyoming Jury Duty Laws: Pay, Exemptions and Employer Rules (2026)
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Sources and References
- W.S. 1-38-102, Action to be brought by wrongful death representative; measure and element of damages (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- W.S. 1-39-118, Maximum liability; insurance authorized (Wyoming Governmental Claims Act) (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- Danculovich v. Brown, 593 P.2d 187 (Wyo. 1979)(www.courtlistener.com)
- Lompe v. Sunridge Partners, LLC, 818 F.3d 1041 (10th Cir. 2016)(www.courtlistener.com)
- W.S. 40-24-103, Damages (trade secrets) (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- W.S. 1-11-401, Protection of jurors' employment (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- Cates v. Eddy, 669 P.2d 912 (Wyo. 1983)(www.courtlistener.com)
- W.S. 1-42-202, Local government self-insurance program; authorized payments (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- Sinclair Oil Corp. v. Columbia Casualty Co., 682 P.2d 975 (Wyo. 1984)(www.courtlistener.com)
- Wyo. Const. art. 10, s. 4(a), as quoted in Bain v. City of Cheyenne, 2025 WY 67 (Wyo. 2025)(www.courtlistener.com)
- W.S. 40-1-203, Private right of action (bad faith assertion of patent infringement) (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- W.S. 1-38-101, Actions for wrongful death which survive; proceedings against executor or administrator of person liable (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- W.S. 7-13-107, Civil liability of county officers and employees (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- W.S. 7-13-1803, Housing violators; civil actions against officials (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- Campen v. Stone, 635 P.2d 1121 (Wyo. 1981)(www.courtlistener.com)
- Cramer v. Powder River Coal, LLC, 2009 WY 45 (Wyo. 2009)(www.courtlistener.com)
- Rosty v. Skaj, 272 P.3d 947 (Wyo. 2012)(www.courtlistener.com)
- W.S. 26-31-103, Definitions (Wyoming Insurance Guaranty Association Act) (Wyoming Statutes, wyoleg.gov)(wyoleg.gov).gov
- Wyoming Fall Creek, LLC v. Anderson, 2026 WY 42 (Wyo. Apr. 15, 2026)(www.courtlistener.com)
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