Thank you for sharing!

Your article was successfully shared with the contacts you provided.

The Supreme Court’s decision in State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), addressing punitive damage awards was a culminating moment in a decade of high court jurisprudence reigning in multimillion dollar runaway awards. Following the decision, there was a flurry of activity by the Supreme Court itself, and in many lower courts, to remand, conform, and examine current cases in light of the Court’s new guidance. With several exceptions where the compensatory damages are nominal or the conduct is particularly reprehensible, court after court is quoting the high court’s language regarding ratios and remanding or reducing awards with double-digit ratios. The reasons vary, but include factors such as whether the plaintiff suffered physical or economic injury, the degree of the defendant’s determined reprehensibility, wealth, and the ratio of punitive to compensatory damages. In general, the most successful strategies used by defendants to reduce punitive awards are: 1) under the reprehensibility guidepost, to exclude collateral evidence based on an insufficient nexus between the alleged bad conduct and the injury suffered by the plaintiff; and 2) to focus on the ratio between compensatory and punitive damages when it exceeds a single-digit ratio.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.