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Instructing Juries on Punitive Damages: Due Process Revisited after Philip Morris v. Williams

65 Pages Posted: 14 Dec 2007  

Sheila B. Scheuerman

Charleston School of Law

Anthony J. Franze

Arnold & Porter

Abstract

In this article, the authors consider the due process implications on punitive damages jury instructions in the wake of the U.S. Supreme Court's 2007 decision in Philip Morris USA v. Williams. In particular, the authors survey and categorize the model punitive damages jury instructions in every state and explain how most model instructions fail to reflect the substantive due process limits on punitive damages, and indeed, often direct juries to consider unconstitutional factors in imposing awards. The authors then navigate the complex waters of the Supreme Court's recent punitive damages jurisprudence and identify how juries should be instructed to properly perform the difficult and controversial task of punishing and deterring defendants through the imposition of monetary awards.

Keywords: punitive damages, jury instructions, due process, Philip Morris v. Williams

JEL Classification: K13, K19, K41, K42

Suggested Citation

Scheuerman, Sheila B. and Franze, Anthony J., Instructing Juries on Punitive Damages: Due Process Revisited after Philip Morris v. Williams. University of Pennsylvania Journal of Constitutional Law, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1071073

Sheila B. Scheuerman (Contact Author)

Charleston School of Law ( email )

Charleston, SC 29402
United States

Anthony J. Franze

Arnold & Porter ( email )

555 12th Street, NW
STE 900
Washington, DC 20004
United States

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