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The Changing Landscape of Blockbuster Punitive Damages Awards

Alison Del Rossi () and W Viscusi

American Law and Economics Review, 2009, vol. 12, issue 1, 116-161

Abstract: This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been one hundred such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single-digit upper bound on the punitive damages-compensatory damages ratio, which reduced the annual number of blockbuster awards, the total annual value of blockbuster awards, and the punitive damages-compensatory damages ratio. Applying the 1:1 ratio from Exxon Shipping Co. et al. v. Baker et al. broadly would eliminate most of the blockbuster awards. Copyright 2009, Oxford University Press.

Date: 2009
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American Law and Economics Review is currently edited by J.J. Prescott and Albert Choi

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