Add to ORKGLittle guidance is provided to fact-finders in arriving at awards for pain and suffering and punitive damages. Such awards are therefore highly variable. This article explains why methods involving comparable-case guidance — information regarding awards in comparable cases as guidance for determining damage awards — are generally effective in reducing unpredictability and improving the reliability of awards for pain and suffering and punitive damages. The article addresses major objections to such methods, and provides relevant legal context and direction for implementation
The purpose of this Article is to reexamine and appropriately analyze the application of comparative...
Juries in most American jurisdictions can inflict punitive damages awards against tortfeasors who ha...
Punitive damages occupy a special place in the U.S. legal system. Courts award them in very few case...
Little guidance is provided to fact-finders in arriving at awards for pain and suffering and punitiv...
Damage awards for pain and suffering and punitive damages are notoriously unpredictable. Courts prov...
Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of ab...
In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum crimi...
The state of punitive damages in the United States has been a controversial topic for more than thre...
This paper presents the first empirical anatysis that demonstrates that juries differ from judges in...
Proposals to provide juries with specific numerical instructions for setting punitive damages should...
This article assesses the relation between compensatory damages and punitive damages in cases leadin...
In response to concerns that jury awards in tort cases are excessive and unpredictable, nearly every...
Capping punitive damages awards is a centerpiece of the tort reform movement. According to the Ameri...
This article assesses the relation between punitive and compensatory damages by combining two data s...
This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an ...
The purpose of this Article is to reexamine and appropriately analyze the application of comparative...
Juries in most American jurisdictions can inflict punitive damages awards against tortfeasors who ha...
Punitive damages occupy a special place in the U.S. legal system. Courts award them in very few case...
Little guidance is provided to fact-finders in arriving at awards for pain and suffering and punitiv...
Damage awards for pain and suffering and punitive damages are notoriously unpredictable. Courts prov...
Empirical studies have consistently shown that punitive damages are rarely awarded, with rates of ab...
In this Article, Professors Chanenson and Gotanda propose that courts treat comparable maximum crimi...
The state of punitive damages in the United States has been a controversial topic for more than thre...
This paper presents the first empirical anatysis that demonstrates that juries differ from judges in...
Proposals to provide juries with specific numerical instructions for setting punitive damages should...
This article assesses the relation between compensatory damages and punitive damages in cases leadin...
In response to concerns that jury awards in tort cases are excessive and unpredictable, nearly every...
Capping punitive damages awards is a centerpiece of the tort reform movement. According to the Ameri...
This article assesses the relation between punitive and compensatory damages by combining two data s...
This paper provides an analysis of 64 punitive damages awards of at least $100 million. Based on an ...
The purpose of this Article is to reexamine and appropriately analyze the application of comparative...
Juries in most American jurisdictions can inflict punitive damages awards against tortfeasors who ha...
Punitive damages occupy a special place in the U.S. legal system. Courts award them in very few case...