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LJN's Product Liability Law & Strategy

December 2008

An Economist Defends Against Punitive Damages

By
Chad L. Staller

While punitive — or exemplary — damages are rarely imposed in product liability matters, they do sometimes occur. One strategy to minimize the risk of a punitive damages award is to present a robust defense against economic-damages claims: Punitive damages are often measured in relation to the economic harm suffered by plaintiffs.

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