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There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
There Are More Things To Punitive Damages In Admiralty Than The 1:1 Ratio Set Forth In Exxon’S Legal Philosophy, Thomas C. Galligan Jr.
Louisiana Law Review
In Exxon Shipping Co. v. Baker, the U.S. Supreme Court recognized the right to recover punitive damages in admiralty cases and held that punitive damages in the case before it could not exceed the amount of the compensatory damages awarded plus the amount of settlements in related cases. In so holding, the Court reviewed many studies related to punitive damages and said that in a case where the defendant’s conduct was reckless but not worse, where the damages awarded were substantial, and where the defendant was not motivated by profit a 1:1 ratio of punitive to compensatory damages was appropriate. …