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Article: Punitive damages rare, independent study shows.
- Article from:
- Trial
- Article date:
- August 1, 1996
- Author:
CopyrightCOPYRIGHT 1996 American Association for Justice, formerly Association of Trial Lawyers of America (ATLA®). This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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A government-funded report using independently collected data appears to confirm what "tort reform" opponents have argued for a long time: Punitive damages are rarely awarded in products liability cases or medical negligence cases. When they are awarded, the sums correlate to the amount of compensatory damages.
The study by two Cornell University professors and the National Center for State Courts comes on the heels of a contentious onslaught of legislative "tort reform" initiatives in recent years. The study also coincides with the release of a 5-4 U.S. Supreme Court decision that, for the first time, rejected a punitive damages award as being "grossly excessive." ...