Business Services Industry

Case not changing awards. ('BMW of North America Inc vs. Gore' Supreme Court case)

Business Insurance, October, 1998 by Szalai, Georg

Law professor sees 'no evidence' of larger punitive verdicts Contrary to popular belief, the landmark Supreme Court decision in BMW of North America Inc. vs. Gore has had no real effect on the correlation between compensatory and punitive damages awards or the frequency of court orders reducing such awards, a recent study says.

"It may take a while for it to take effect and trickle down, but right now, there is no evidence" for any significant influence by BMW, said Theodore Eisenberg, the Henry Allen Mark Professor of Law at Cornell Law School and co-author of the study of published court opinions. The 1996 BMW decision by the Supreme Court was the first to strike down a punitive award on constitutional grounds (BI, May 27, 1996). In that case, Dr. Ira Gore Jr.,...

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