Damages Outline
Cases
- Seffert
- McDougald
- Mathias
- State Farm
Damages Generally
[Condensed set of notes on values and principles behind damages]
Legal Issues
ONLY IF the Defendant is found liable.
Compensatory Damages
Purpose
Risk
Types: Economic and Non-economic
Compensatory Damages Excessive as a Matter of Law?
Rule: “Shock the conscience” verdict must have been the result of prejudice/whim/caprice/passion (Seffert)
Application:
Very fact-specific, no clear brightline rule of law
Show deference to jury and trial court
Concerns: Consistency and Arbitrariness
- Compare with similar cases (if available)
- Per diem or funky calculations suspect
Punitive Damages
ONLY IF: Defendant liable & punitive damages allowed at all (e.g., willful and wanton conduct)
Excessive Damages that violate Due Process under the 14th Amendment
Rule:
BMW Guideposts
- Reprehensibility
- Ratio
- Comparison w/ civil and criminal penalties
Sub-issues:
Reprehensibility
Ratio
Rule: Excess of single digit ratio is presumptively unconstitutional (State Farm)
Application:
[Bring in all the good stuff from Mathias]
Comparison
