On the Determinants and Importance of Punitive Damage Awards

58 Pages Posted: 7 Jun 2001 Last revised: 29 Aug 2008

See all articles by Jonathan M. Karpoff

Jonathan M. Karpoff

University of Washington - Michael G. Foster School of Business

John R. Lott

Crime Prevention Research Center

Abstract

We examine several theoretical and empirical issues concerning punitive damage awards and their importance to businesses. First, we argue that previous justifications of punitive awards ignore the role of private contracting and reputation in assuring contractual performance. In the absence of externalities, punitive awards are not necessary to assure contractual performance even when firms face less than a 100% probability of being sued for contractual breach. Next, we examine empirically the sizes, determinants, and valuation impacts of punitive awards assessed against publicly held companies. We find that settlement amounts are low compared to jury awards, and punitive awards are highly variable and difficult to explain using characteristics of the lawsuit or defendant company. Supreme Court and legislative actions affecting punitive awards generally have not had systematic impacts on firm values. Specific punitive lawsuits, however, decrease the values of defendant companies by amounts that exceed settlement or jury verdict amounts, indicating that punitive lawsuits impose reputational costs on defendants.

Suggested Citation

Karpoff, Jonathan M. and Lott, John R., On the Determinants and Importance of Punitive Damage Awards. Journal of Law & Economics, Vol. 42, pp. 527-573, 1999. Available at SSRN: https://ssrn.com/abstract=193392

Jonathan M. Karpoff (Contact Author)

University of Washington - Michael G. Foster School of Business ( email )

Box 353226
Seattle, WA 98195-3200
United States
206-685-4954 (Phone)
206-221-6856 (Fax)

John R. Lott

Crime Prevention Research Center ( email )

PO Box 3234
Alexandria, VA
United States

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