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UIdaho Law

Civil Procedure

2015

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Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders Jan 2015

Uncapping Compensation In The Gore Punitive Damage Analysis, Shaakirrah R. Sanders

Articles

BMW of North America, Inc. v. Gore rests, in part, on the “understandable relationship” between a civil jury’s award of compensatory and punitive damages. Gore designates Due Process a protectant against excessive civil jury awards, in effect outmaneuvering the civil jury trial right. Gore identifies three guideposts to determine whether punitive damages are excessive: (1) the degree of reprehensibility of a defendant’s conduct; (2) the disparity between compensatory and punitive damages; and (3) the difference between punitive damages and civil penalties authorized or imposed in comparable cases.

This Article focuses on the second of Gore’s three guideposts ...