Subscribe to Updates in Legal, Economic & Regulatory Affairs

RSS By Email

RSS By RSS

Add to Google Reader or Homepage

Subscribe in Bloglines


The Expertise Imperative and Compliance Technology
Access to a diverse array of specialized expert inputs drives superior decisions in every organizational context: within corporations, by investors and consultancies, and within nonprofits. When decision makers are confident of their decision inputs, they can respond more quickly and creatively to challenges and opportunities.Learn more about GLG's Compliance Framework


This page may include content provided by Council Members, your access to which is subject to the Terms of Use.
Find Out More

July 3, 2008

Punitive Damages: Supreme Court gets closer to appropriate calculation.

Analysis of: Justices Slash Damages for Exxon Oil Spill | www.washingtonpost.com
This analysis is solely the work of the author. It has not been edited or endorsed by GLG.
Analysis By:
Martin Alpert
Claim Director, CAMBRIDGE INTEGRATED SERVICES GROUP INC
Implications: Will this ruling be a guide or an edict in calculating punitive damages in other cases?When an award is over a 100 million is a one to ratio for compensatory & punitive appropriate? 

Analysis: The Supreme Court has long danced around the issue of setting a definitive rule on calculating punitive damages.  Punitive damages have been something always in place to essentially deter future conduct & to punish for past actions. http://www.atra.org/show/7343 Punitive damages were never meant to put a company out of business, cripple its operations or a way for jurors to simply send a message of America's intolerance for blatantly disregarding your obligations.  Justice Souter's extensive 42 page opinion outlines a clear message from the Supreme Court to be applied in Maritime cases, but leaves open interpretation that a one to one ratio may on a cases by case basis have merit in other cases.  As some may recall, the initial verdict of 5 billion punitive was over turned to 2.5 billion, which is now 500 million.  The possible ultimate payout has gone from $75,000 per person to $15,000.  It has been so long since the initial case filing & tragic events of March, 1989, that 20% of those affected have died. The actual calculation of punitive damages has long been debated and many feel it should not be a one size fits all, but like with any proceeding you should have some semblance of consistency when comparing apples to apples & oranges to oranges.  This one to one ratio may not be the best application, or even the fairest, but it certainly seems somewhat more realistic & involves a more scientific measurement than 5 billion! Mass tort litigants may be in for a big surprise when this wave of the hand filters thru the judicial system.

Other Analyses of the Same Source Article:
The Supreme Court Makes Punitive Actions Predictable
July 7, 2008, Author: GLG Expert Contributor

Report a Concern

More GLG News in
Legal, Economic & Regulatory Affairs

Most Popular:
Source Article | Expert Analyses
 

GLG News: What Experts Think Is Important





Analytics


Generated at 2008-09-07T01:45:17.680