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"Punitive Damages, Retribution, and Due Process"

"Punitive Damages, Retribution, and Due Process": Law Professor Mark A. Geistfeld has this article (abstract; full-text PDF) in the January 2008 issue of the Southern California Law Review. (Via "Concurring Opinions.")

The article's abstract begins, "Tort law provides awards of punitive damages for reasons of deterrence and retribution. In light of a recent decision by the U.S. Supreme Court in Phillip Morris USA v. Williams, the retributive rationale for punitive damages will inevitably come under heightened scrutiny. The case involves a punitive award of $79.5 million, which is ninety-seven times greater than the compensatory damages, making it constitutionally suspect for exceeding the single-digit ratio between punitive and compensatory damages. The Court, though, has never addressed the constitutional issue in a case involving serious bodily injury or death, and so Williams poses a number of new questions."

Coincidentally, the new installment of my "On Appeal" column for law.com is headlined "Not Even U.S. Supreme Court Victory Can Vanquish $79.5 Million Punitive Award Against Philip Morris."

Full post as published by How Appealing on February 09, 2008 (boomark / email).