Appropriate limits to punitive damages awards in product liability actions have been the subject of great debate over the past few years. Most of the debate has focused on federal due process limitations in the wake of several important U.S. Supreme Court decisions that struck down large punitive damages awards as unconstitutional.
But just as important to many Connecticut product liability actions is the issue of whether punitive damages awarded under the Connecticut Product Liability Act are limited solely to twice the amount of compensatory damages as the act provides, or also to attorney fees under Connecticut’s traditional common law rule for punitive damages. This issue has been percolating for some time, and was decided recently in two important decisions one in federal court, one in state court, both on appeal. The ultimate resolution of this issue is of significant interest and importance to both sides of the product liability bar in Connecticut.
