Experimental Simulations and Tort Reform: Avoidance, Error and Overreaching in Sunstein Et Al.’s ‘Punitive Damages’

This article addresses tort reform claims made in Cass R. Sunstein, et al.\u27s Punitive Damages: How Juries Decide (2002)and related articles, research that was largely underwritten by the Exxon Corporation. Based upon a series of simulation experiments, those authors have made a general claim that juries are incapable of making coherent judgments about punitive damages. In this article I raise serious methodological problems bearing on the validity of the research, and, therefore, its ability to provide judges and legislators with useful information about juries and punitive damages