Punitive damage ruling lifts hopes. (hope for setting punitive damage awards limits)

National Underwriter Life & Health-Financial Services Edition, May, 1996 by Brostoff, Steven

The Supreme Court overturned a $2 million punitive damage award against BMW and established guidelines to determining excessive awards. BMW was accused of repainting a paint-damaged car that it then sold without disclosing that it had been repainted. The new guidelines take into account the disparity between the harm done and the award, the severity of the non-disclosure and comparisons between similar civil penalties and the award.

WASHINGTON--Despite the unprecedented Supreme Court decision last week that overturned an Alabama award as unconstitutional, industry sources say federal legislation setting clear standards for punitive damage awards is still necessary.

The high court last week overturned as violating the due process clause of the 14th amendment a $2...

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