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Juries, Judges, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data
Michael Heise Cornell Law School Theodore Eisenberg Cornell University - School of Law Martin T. Wells Cornell University - School of Law Paula Hannaford-Agor National Center for State Courts Neil LaFountain National Center for State Courts G. Thomas Munsterman National Center for State Courts (NCSC) Brian Ostrom National Center for State Courts Journal of Empirical Legal Studies, Vol. 3, No. 2, pp. 263-95, 2006 Cornell Legal Studies Research Paper No. 05-015 Abstract: We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases. Accepted Paper Series Date posted: June 27, 2006 ; Last revised: January 09, 2008Suggested CitationContact Information
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