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Articles 31 - 60 of 70
Full-Text Articles in Legal Remedies
Significant Association Between Punitive And Compensatory Damages In Blockbuster Cases: A Methodological Primer, Theodore Eisenberg, Martin T. Wells
Significant Association Between Punitive And Compensatory Damages In Blockbuster Cases: A Methodological Primer, Theodore Eisenberg, Martin T. Wells
Cornell Law Faculty Publications
This article assesses the relation between punitive and compensatory damages in a data set, gathered by Hersch and Viscusi (H-V), consisting of all known punitive damages awards in excess of $100 million from 1985 through 2003. It shows that a strong, statistically significant relation exists between punitive and compensatory awards, a relation that replicates similar findings in nearly all other analyses of punitive and compensatory damages. H-V's claim that no significant relation exists between punitive and compensatory awards in these data appears to be an artifact of questionable regression methodology.
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
U.S. Supreme Court Tort Reform: Limiting State Power To Articulate And Develop Its Own Tort Law–Defamation, Preemption, And Punitive Damages, Thomas C. Galligan
ExpressO
U.S. Supreme Court Tort Reform: Limiting State Power to Articulate and Develop Its Own Tort Law–Defamation, Preemption, and Punitive Damages analyzes and critiques the three primary areas in which the U.S. Supreme Court has found federal constitutional limits on a state’s power to articulate, develop, and apply its common law of torts. It is the first piece to consider all three areas together as an emerging body of jurisprudence which Professor Galligan calls U.S. Supreme Court tort reform. After setting forth a modest model of adjudication, the article applies that model to each of the three areas: defamation and related …
The Blockbuster Punitive Damages Awards, W. Kip Viscusi
The Blockbuster Punitive Damages Awards, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an inventory of these cases, there is evidence that these blockbuster awards are highly concentrated geographically, as two states account for 27 of the 64 awards. The awards also have been rising substantially over time, with the majority of these blockbuster awards taking place since 1999. An assessment of the current status of the blockbuster punitive damages awards indicates that most of these awards have been appealed, but the reversal of these punitive damages awards is the exception rather than the rule. Many …
Punitive Damages: How Judges And Juries Perform, Joni Hersch, W. Kip Viscusi
Punitive Damages: How Judges And Juries Perform, Joni Hersch, W. Kip Viscusi
Vanderbilt Law School Faculty Publications
This paper presents the first empirical anatysis that demonstrates that juries differ from judges in awarding punitive damages. Our review of punitive damages awards of $100 million or more identified 63 such awards, of which juries made 95 percent. These jury awards are highly unpredictable and are not significantly correlated with compensatory damages. Using data on jury and bench verdicts from the Civil Justice Survey of State Courts, 1996, we find that juries are significantly more likely to award punitive damages than are judges and award higher levels of punitive damages. Jury awards are also less strongly related to compensatory …
The Impact Of Recent U.S. Supreme Court Punitive Damages Jurisprudence On Oklahoma's Punitive Damages Statute And Jury Instructions, Andrew C. Jayne
The Impact Of Recent U.S. Supreme Court Punitive Damages Jurisprudence On Oklahoma's Punitive Damages Statute And Jury Instructions, Andrew C. Jayne
Oklahoma Law Review
No abstract provided.
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
The Foggy Road For Evaluating Punitive Damages: Lifting The Haze From The Bmw/State Farm Guideposts, Steven L. Chanenson, John Y. Gotanda
University of Michigan Journal of Law Reform
In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum criminal or civil legislative fines as a presumptive due process limit on punitive damage awards. The Article reviews the manner in which courts have implemented the three-guidepost framework for constitutional review of punitive awards laid out by the Supreme Court in BMW of North America, Inc. v. Gore and in State Farm Mutual Automobile Insurance Co. v. Campbell. Finding that courts have struggled to articulate a coherent rationale and methodology for review of such awards, the authors propose a greater reliance on the third guidepost of …
Supreme Court 2002 Term - The Property Cases: Iolta, Qui Tam Actions, And Punitive Damages (Symposium: The Fifteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
A Taxing Settlement, Hanoch Dagan, James J. White
A Taxing Settlement, Hanoch Dagan, James J. White
Articles
The following essay is based on the talk "Government, Citizens, and Injurious Industries: A Case Study of the Tobacco Litigation," delivered by Hanoch Dagan last May to the Detroit Chapter of the International Association of Jewish Lawyers and Jurists, and on the article "Governments, Citizens, and Injurious Industries," by Dagan and James J. White, '62, which appeared in 75.2 New York University Law Review 254-428 (May 2000). The authors hold conflicting view on the underlying issue of this topic: tobacco company product liability. Professor Dagan holds the position that tobacco companies are liable for harm done by their products; Professor …
Juries, Judges, And Punitive Damages: An Empirical Study, Theodore Eisenberg, Neil Lafountain, Brian Ostrom, David Rottman, Martin T. Wells
Juries, Judges, And Punitive Damages: An Empirical Study, Theodore Eisenberg, Neil Lafountain, Brian Ostrom, David Rottman, Martin T. Wells
Cornell Law Faculty Publications
This Article, the first broad-based analysis of punitive damages in judge-tried cases, compares judge and jury performance in awarding punitive damages and in setting their levels. Data covering one year of judge and jury trial outcomes from forty-five of the nation's largest counties yield no substantial evidence that judges and juries differ in the rate at which they award punitive damages or in the central relation between the size of punitive awards and compensatory awards. The relation between punitive and compensatory awards in jury trials is strikingly similar to the relation in judge trials. For a given level of compensatory …
No Harm, No Foul?: An Argument For The Allowance Of Punitive Damages Without Compensatory Damages Under 42 U.S.C. § 1981a, Christy Lynn Mcquality
No Harm, No Foul?: An Argument For The Allowance Of Punitive Damages Without Compensatory Damages Under 42 U.S.C. § 1981a, Christy Lynn Mcquality
Washington and Lee Law Review
No abstract provided.
The Impact Of State Prohibitions Of Punitive Damages On Libel Litigation: An Empirical Analysis, Dennis Hale
The Impact Of State Prohibitions Of Punitive Damages On Libel Litigation: An Empirical Analysis, Dennis Hale
Vanderbilt Journal of Entertainment & Technology Law
This Article explores the role of punitive damages in media libel cases by measuring the quantity and quality of libel appeals for a ten-year period in states with and without punitive damages. Specifically, the Article identifies appellate court decisions for media libel cases over a ten year period from 1986 to 1995, comparing five states with punitive damages (Alabama, New Mexico, South Carolina, South Dakota and Tennessee) to five states without punitive damages (Louisiana, Massachusetts, Nebraska, Oregon and Washington). Each appeal of a federal or state media libel case was coded for the following characteristics: year, whether the media won …
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
The Latest Word From The Supreme Court On Punitive Damages (Symposium: The Thirteenth Annual Supreme Court Review), Leon D. Lazer
Scholarly Works
No abstract provided.
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Judgement As A Matter Of Law On Punitive Damages, Colleen P. Murphy
Law Faculty Scholarship
No abstract provided.
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Governments, Citizens, And Injurious Industries, Hanoch Dagan, James J. White
Articles
In this Article, Professors Hanoch Dagan and James White study the most recent challenge raised by mass torts litigation: the interference of governments with the bilateral relationship between citizens and injurious industries. Using the tobacco settlement as their case study, Dagan and White explore the important benefits and the grave dangers of recognizing governments' entitlement to reimbursement for costs they have incurred in preventing or ameliorating their citizens' injuries. They further demonstrate that the current law can help capture these benefits and guard against the entailing risks, showing how subrogation law can serve as the legal foundation of the governments' …
The Role Of "Stories" In Civil Jury Judgments, Reid Hastie
The Role Of "Stories" In Civil Jury Judgments, Reid Hastie
University of Michigan Journal of Law Reform
A brief review of psychological theories of juror decision making is followed by an introduction to "explanation-based" theories of judgment. Prior empirical studies of explanation-based processes in juror decision making are then reviewed. An original empirical study of jurors' judgments concerning liability for punitive damages is presented to illustrate the explanation-based approach to civil decisions.
"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad
"Crimtorts" As Corporate Just Deserts, Thomas Koenig, Michael Rustad
University of Michigan Journal of Law Reform
Just as Grant Gilmore described "contorts" that lie on the borderline between contract and tort law, the authors coin the term "crimtort" to identify the expanding common ground between criminal and tort law. Although the concept of crimtort can be broadly applied to many areas of the law, this Article focuses on the primary crimtort remedy - punitive damages. The deterrent power of punitive damages lies in the wealth-calibration of the defendant's punishment. For corporations this means that punitive damages will reflect the firm's net income or net worth. The theoretical danger is that juries will abuse wealth by redistributing …
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Measuring The Deterrent Effect Of Punitive Damages, Theodore Eisenberg
Cornell Law Faculty Publications
Professor Viscusi's article differs from the dominant mode of law and economics scholarship on punitive damages. The usual punitive damages article contains purely theoretical considerations about when punitive damages are appropriate and about their optimal level; no effort is made to ascertain whether the existing pattern of punitive awards corresponds with the theory. This is part of a larger problem: the dearth of empirical evidence in law and economics scholarship. Viscusi, on the other hand, provides empirical tests of whether punitive damages accomplish their goals, and he makes creative use of publicly available data sources. For the goal of his …
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Attempted Cap On Punitive Damages Continues To Spark Debate, Susan J. Becker
Law Faculty Articles and Essays
The debate surrounding federal product liability law has not been silenced by recent compromises reached by the House and Senate regarding appropriate boundaries for such laws. To the contrary, President Clinton's threatened veto of Congress's Common Sense Product Liability Reform Act of 1996 and continued opposition by the ABA Section of Litigation and other groups to parts of the Act guarantee that the 20-year-old debate will continue to rage.
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
The Historical Continuity Of Punitive Damages Awards: Reforming The Tort Reformers, Michael Rustad, Thomas Koenig
American University Law Review
No abstract provided.
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
American University Law Review
No abstract provided.
Punitive Damages And Regulated Products, Teresa Moran Schwartz
Punitive Damages And Regulated Products, Teresa Moran Schwartz
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
Punitive Damages Reform-State Legislatures Can And Should Meet The Challenge Issued By The Supreme Court Of The United States In Haslip, Victor F. Schwartz, Mark A. Behrens
American University Law Review
No abstract provided.
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
Poetic Justice: Punitive Damages And Legal Pluralism, Marc Galanter, David Luban
American University Law Review
No abstract provided.
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Compensatory And Punitive Damages For A Personal Injury: To Tax Or Not To Tax, Douglas A. Kahn
Articles
Since the adoption in 1919 of the Revenue Act of 1918, damages received on account of personal injuries or sickness have been excluded by statute from gross income.1 This exclusion, which does not apply to reimbursements for medical expenses for which the taxpayer was previously allowed a tax deduction,2 is presently set forth in section 104(a)(2). One might expect that a provision having recently attained the ripe age of 75 years without change in its basic language would have a settled meaning. However, recent litigation under section 104(a)(2) bristles with unsettled issues. Does the exclusion apply to punitive damages? To …
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Michigan Law Review
In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
The Constitutionality Of Punitive Damages Under The Excessive Fines Clause Of The Eighth Amendment, Andrew M. Kenefick
Michigan Law Review
This Note explores whether courts should look beyond the broad language in Ingraham v. Wright and scrutinize punitive damages under the excessive fines clause. Part I sets out the intuitive argument that punitive damages are analogous to criminal fines. Part II analyzes the Supreme Court's decision in Ingraham v. Wright and also reviews the few federal and state court decisions that have dealt with the excessive fines clause in civil cases, most of which have concluded that the clause has no application in a civil setting. This Part asserts that courts cannot rely solely on the Ingraham decision but must …
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Punitive Damages: A Relic That Has Outlived Its Origins, James B. Sales, Kenneth B. Cole, Jr.
Vanderbilt Law Review
The doctrine of punitive damages truly is an ancient legal concept that inexplicably has evaded commitment to the archives of history. Irrespective of the questionable validity of the doctrine at early common law, the simple fact remains that none of the historical justifications supports the punitive damage theory in today's tort reparations system. The quest to bestow increasing compensation no longer can justify punitive damage awards because actual damages currently recoverable compensate plaintiffs more than adequately for every conceivable element of physical, emotional, or imagined injury. The desire to inflict punishment, likewise, represents an insupportable basis for awarding quasi-criminal fines …