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Statutory Caps On Punitive Damages: Are They Infringing On Your Rights?, Lynsey Russell
Statutory Caps On Punitive Damages: Are They Infringing On Your Rights?, Lynsey Russell
Missouri Law Review
The argument surrounding statutory caps on punitive damages seems to be black and white – either for or against. However, this may not be the case, as a closer evaluation of Missouri history and the instant decision suggest that the issue is more nuanced. First, Part II of this Note summarizes the facts, procedural posture, and holding of Lewellen v. Franklin. Second, Part III explores the legal background of punitive damages and the limitations that have historically been imposed on them. Next, Part IV describes the majority opinion in Lewellen and examines the Supreme Court of Missouri’s rationale. Lastly, Part …