Business Services Industry
Big punitive award rekindles debate over tort reform.(News)
Business Insurance, November, 2003 by Hoffman, Mark A.
Byline: MARK A. HOFMANN An Alabama jury's decision to slap an $11.8 billion punitive damage award on Exxon Mobil Corp. underscores the need for closer judicial scrutiny of punitive damages, say tort reform proponents. Juries need to be instructed more carefully about the Supreme Court's decision earlier this year in State Farm vs.
Campbell, they say. That decision held that, under most circumstances, a punitive damage award of double-digit multiples of the underlying compensatory awards crosses the boundary into unconstitutional territory (BI, April 14). Jurors also need to be reminded that they should not take the relative wealth of a defendant into account when determining punitive damages, say reform advocates. A lawyer representing the state,...
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