Abstract

http://ssrn.com/abstract=163028
 
 

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The Predictability of Punitive Damages Awards in Published Opinions, the Impact of BMW v. Gore on Punitive Damages Awards, and Forecasting Which Punitive Awards Will Be Reduced


Theodore Eisenberg


Cornell University - Law School

Martin T. Wells


Cornell University - School of Law


Supreme Court Economic Review, Vol. 7, 1999

Abstract:     
This article assesses the relation between compensatory damages and punitive damages in cases leading to published opinions and BMW v. Gore's impact on the patterns of punitive damages awards in these opinions. We find that punitive damages awards are considerably higher in cases leading to published opinions than in trial level cases. But the correlation between compensatory and punitive awards found in trial level data persists in published opinions and is all but indistinguishable from the correlation in trial level data. We find no significant difference in the pattern of awards before and after BMW and no significant difference in the rate at which courts order a reduction in punitive damages awards. We also find that the mass of trial level awards provides a powerful tool for predicting the outcome of judicial review of punitive damages awards.

Accepted Paper Series


Not Available For Download

Date posted: August 26, 1999  

Suggested Citation

Eisenberg, Theodore and Wells, Martin T., The Predictability of Punitive Damages Awards in Published Opinions, the Impact of BMW v. Gore on Punitive Damages Awards, and Forecasting Which Punitive Awards Will Be Reduced. Supreme Court Economic Review, Vol. 7, 1999. Available at SSRN: http://ssrn.com/abstract=163028

Contact Information

Theodore Eisenberg (Contact Author)
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6477 (Phone)
607-255-7193 (Fax)
Martin T. Wells
Cornell University - School of Law ( email )
Comstock Hall
Ithaca, NY 14853
United States
607-255-8801 (Phone)
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