US District Judge Carl Barbier, who oversees multistate litigation over the spill, agreed with Transocean that the Swiss driller was not responsible for compensatory damage
claims raised by third parties for oil spilled below the ocean surface.
BMW appealed, contending that the 1,000-to-1 ratio of punitive to compensatory damages
violated due process.
17 awarded the 62-year-old Barnett $50 million in compensatory damages
and $1 million in punitive damages.
ATLA's amicus brief by Senior Litigation Counsel Jeffrey White argues that because compensatory damages
often do not reflect actual harm (due to damages caps, limits on wrongful death damages, and so forth), the historic policy that punitives served requires courts to focus on actual harm rather than follow arbitrary ratios.
Clark, the ratio of punitive to compensatory damages
was more than 12 to 1.
The second tier is limited to $4 million or four times the amount of compensatory damages
, whichever is greater, if the defendant's wrongful conduct was motivated solely by unreasonable financial gain, and the unreasonably dangerous nature of the conduct was actually known by the managing agent or officer.
Plaintiff's counsel took the case on a fully contingent basis, and expended well over $1 million dollars [sic] in time and expenses on a case in which, as plaintiff's counsel puts it, `[a]nticipated compensatory damages
were not necessarily substantial, and the availability of punitive damages was purely speculative.
34) Presumably, disparate impact claims brought under post-1991 Title VII are based on tort-type rights, since such plaintiffs may be awarded a broad range of compensatory damages
including future pecuniary losses, emotional pain and suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses.
Turner, senior vice president and general counsel for Texaco, says judges, rather than juries, should set the amount of punitive damages, so awards would be based on "logic," not "emotion," and he believes punitive awards should not exceed compensatory damages
2 million in compensatory damages
and approximately $28 million in punitive damages in the first major plaintiff victory against a CPA firm performing litigation services (see MATTCO FORGE.
In 1999, the jury returned a verdict against Philip Morris USA on the fraud claim and awarded the plaintiff $821,000 in compensatory damages
The justices based their analysis on the constitutional principle of "due process," which requires that the measure of punishment be reasonable and proportionate to both the plaintiff's harm and the compensatory damages
awarded, said Alan S.
In fact, courts often upheld punitive damages precisely because compensatory damages
in that era did not fully compensate a plaintiff for intangible harms such as emotional distress or outrage.
Under Title VII of the Civil Rights Act, compensatory damages
are capped at $200,000 per victim.
25 million award of punitive damages against Philip Morris reduced to $9 million-six times her compensatory damages