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Full-Text Articles in Torts
The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.
The Impropriety Of Punitive Damages In Mass Torts, James A. Henderson Jr.
Georgia Law Review
Punitive damages have been around for centuries in classic
one-on-one tort actions and are here to stay. Mass torts, of
more recent origin, have matured to the point that this article
is comfortable referring to most of them as traditional.
Notwithstanding the legitimacy of both institutions when
employed separately, loud warning signals should sound
when, as with drinking and driving, they are combined.
Potentially destructive mixes of punitive damages and mass
torts have, unfortunately, been prevalent in traditional,fault-
based mass tort actions. The difficulties are mostly
administrative.Although punitive damages are conceptually
compatible with fault-based mass torts, courts administer
punitive awards …
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
Punitive Damages In Ancient Roman And Contemporary American Tort Law, Esther Julia Sonntag
LLM Theses and Essays
Both ancient Roman and contemporary American tort law recognize a type of damages that, instead of compensating the plaintiff for harm suffered, punishes the wrongdoer. In American law, courts can award two distinct amounts of money: compensatory damages for the plaintiff’s loss, and punitive damages as punishment and deterrence. Ancient Roman law had more extreme forms of remedies. In both legal systems there has been a trend to restrict punitive damages over time. The United States made efforts in the 1980s to place caps on punitive damages, which were referred to as “relics of the past,” and enhance requirements for …
Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells
Comments On Why Punitive Damages Don't Deter Corporate Misconduct Effectively, Michael Wells
Scholarly Works
Professor Elliott begins his Article by proclaiming that “a fundamental revolution has reshaped the intellectual underpinnings of tort law.”