Factors Affecting Punitive Damage Awards
Michael Conklin, Factors Affecting Punitive Damage Awards, 21 FLA. COASTAL L. REV. 1 (2021).
15 Pages Posted: 19 Jun 2020 Last revised: 23 Oct 2022
Date Written: 2020
Abstract
This essay reports the findings of a first-of-its-kind study designed to measure how subjective versus objective requests for punitive damages affect jury awards. The variable of whether the defendant corporation is out-of-state or in-state is also evaluated. The novel results of this study shed light on the otherwise nebulous nature of punitive damage awards and are therefore highly relevant to civil trial attorneys, legal scholars, and tort reform advocates.
Keywords: punitive damages, civil juries, out of state defendant, BMW v. Gore, 9:1 ratio, Exxon v. Baker, objective request, in-state defendant
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