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Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Raised Eyebrow Test Produces Further Head-Scratching: Punitive Damages In Ondrisek V. Hoffman, The, Valerie Shands
Missouri Law Review
Ondrisek reveals that although the Eighth Circuit uses the same test as the Supreme Court, it certainly applies it differently. When comparing Ondrisek and other Eighth Circuit cases, one sees a subtle pattern that diverges from the Supreme Court’s jurisprudence. However, these differences are not yet distinct enough for the Supreme Court to have granted certiorari to resolve the inconsistencies.
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Constitutionality Of Caps: Upholding Missouri's Right To Jury Trial And The Non-Economic Damages Debate, The, Rachel Lawrence
Missouri Law Review
This Note argues that the Watts decision appropriately invalidated the statutory limits on economic damages, finding non-economic caps on damages unconstitutional. Part II of this Note analyzes the facts and holding of Watts. Part III examines previous constitutional challenges to Missouri Revised Statutes chapter 538 and how the court interpreted constitutional language to reach its decision. Next, Part IV explains the court’s rationale in Watts. Last, Part V explains why the court was correct in declaring noneconomic damage caps unconstitutional and explores the policy issues behind statutory limitations on damages.
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Two Wrongs Do Not Make A Right: Reconsidering The Application Of Comparative Fault To Punitive Damage Awards , Victor E. Schwartz, Christopher E. Appel
Missouri Law Review
The purpose of this Article is to reexamine and appropriately analyze the application of comparative fault to punitive damages. The Article challenges the conventional wisdom that these spheres of law should remain separate. Part II begins with an overview of the development of the law of comparative fault with punitive damages. It discusses the limited attention that has been paid to potential overlap in these areas of law and draws parallels with other developments in the law of comparative fault supporting more accurate and just awards of damages. Part III analyzes the public policy arguments for and against applying comparative …