Business Services Industry

Editorial: Fair punitive damage limits set.(Opinions)(Brief Article)(Editorial)

Business Insurance, April, 2003

The U.S. Supreme Court erected a guidepost on the way to a more-equitable civil justice system nearly seven years ago, when it ruled in BMW of North America vs. Gore that some punitive damages awards could be so disproportionate to underlying compensatory damage awards as to violate the Constitution.

But the high court left it at that-that there was some point where punitive damages became unconstitutional, while not spelling out where that point might be. Fortunately, the court at least partially remedied that problem last week in its decision in State Farm Mutual Automobile Insurance Co. vs. Campbell. Faced with a Utah appellate court decision in which a couple was awarded $145 million in punitive damages on top of a $1 million compensatory award in a...

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