Damages Outline

Seffert McDougald BMW State Farm Mathias

Damages Generally

(core principles, things to keep in mind that come up over and over again)

ONLY IF LIABILITY HAS BEEN DETERMINED

Were the compensatory damages excessive?

Cogntive awareness necessary?

Are pain and suffering and loss of enjoyment of life separate?

Were the punitive damages excessive such that they violated due process?

Are punitive damages allowed at all?

State statute

IF NO statute, common law, generally only available for willful wanton misconduct

BMW v. Gore 3 Guideposts:

Reprehensibility
Repeat offenses
Jurisdiction
Can’t punish for actions in other states
Can use out-of-state conduct for reprehensibility of action in this state
If legal in other state, watch out!
Type of harm (economic or dignitary or physical)
Ratio (single digit - State Farm)
Comparison
How is conduct punished in state?
Marker of how bad it is (speaks to reprehensibility)
If not in other states, speaks against reprehensibility
Notice

Due process concerns: