Damages Outline
Cases
Seffert
McDougald
BMW
State Farm
Mathias
Damages Generally
(Condensed notes on some general principles)
Legal Issues
ONLY IF the defendant is found liable**
I. Compensatory damages
Economic damages
Non-economic damages
Is loss of enjoyment separate from pain and suffering?
Does loss of enjoyment require consciousness?
Were the damages excessive?
Rule:
“shocks the conscience”
Analysis:
Concern is passion and prejudice whim caprice
Bias
Concerns about per diem rates and numbers going to the jury, how is a damages award calculated and divided up
Concern about confusing the jury
Punitive Damages
ONLY IF punitive damages available
Look to the law in jurisdiciton, common requirement “willful, wanton”
Question/Issue: Due process violation - excessive damages
Rule:
BMW v. Gore:
Reprehensibility
Analysis:
Economic vs. physical harm (bmw.statefarm vs. mathias)
Intra-state punishment
Can be used for reprehensability but not for damages amount
Punishment for other actors
Ratio - single-digit ratio (state farm)
Analysis:
Comparison to civil and criminal penalties
Analysis:
Analysis:
Posnerian Econ
Repeated conduct or could only happen once
Dignitary harm?
Evading review