The Constitutional Punitive Damages and Civil Remedies Warrior
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The Due Process Clause imposes constitutional limits on punitive damages. When a jury awards $145 million in punitive damages against a company whose conduct caused $1 million in compensatory harm, the Due Process Clause demands that courts review whether that award is so grossly excessive as to violate constitutional norms. The three guideposts of BMW of North America, Inc. v. Gore — the degree of reprehensibility, the ratio of punitive to compensatory damages, and the difference between the punitive award and civil penalties authorized for comparable misconduct — provide the constitutional framework for this review.
The Constitutional Punitive Damages and Civil Remedies Warrior is Volume LXXIV of Wayne Richard Evangelista's Constitutional Law Series, delivering the complete practitioner's guide to the constitutional framework governing civil damages.
Wayne Richard Evangelista covers the full civil damages constitutional landscape: BMW v. Gore's three-guidepost framework and its development through State Farm v. Campbell, Philip Morris USA v. Williams, Exxon Shipping Co. v. Baker, and Mathias v. Accor Economy Lodging; the ratio guidance — when a single-digit multiplier is constitutional, when higher ratios are permitted for small compensatory awards, and the maritime context's 1:1 limit; the reprehensibility analysis — physical harm, financial vulnerability, disregard for health and safety, and repeat conduct; the civil penalties guidepost; the Seventh Amendment Re-examination Clause protection for jury findings on damages; remittitur — the constitutional standard under Gasperini v. Center for Humanities and its relationship to the Re-examination Clause; the constitutional invalidity of additur under Dimick v. Schiedt; statutory damages constitutional dimensions after Feltner v. Columbia Pictures; and Uzuegbunam v. Preczewski's holding that nominal damages create standing and preserve moot claims.
The Constitutional Punitive Damages and Civil Remedies Warrior
$79.99
Sale price
$79.99
Regular price