Supreme Court Once Again Addresses Issue of Punitive Damages

Punitive damages, traditionally a form of compensation awarded to punish the wrongdoer and simultaneously deter future misconduct, have long been a divisive issue within American law and business. For the former, centuries of law recognize the efficacy of a sizeable financial punishment, deliberately outsized in order to properly punish a larger wrong, and to make the miscreant and others similarly minded think twice before doing it again. The public policy has long outweighed the possibility that the particular victim may be rewarded with a recovery usually well in excess of the actual harm suffered. Yet business, particularly large corporations, contend that awards of punitive damages have grown monsterous, and completely out of proportion to the harm suffered. Defying rationality, such damages threaten the very existence of the business defendant, and only give windfalls to undeserving and avaricious plaintiffs and their counsel.

25 minute read August 19, 2003 at 05:27 PM

By

A. Michael Sabino