reprehensibility


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being reprehensible

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References in periodicals archive ?
408 (2003) (elaborating the reprehensibility criterion and the relationship-to-harm criterion).
T]he most important indicium of the reasonableness of a punitive damages award," the State Farm Court emphasized, "is the degree of reprehensibility of the defendant's conduct.
In the United States, that recognition of the reprehensibility of slavery took four bloody years of Civil War and a constitutional amendment.
Juries can consider harm to others in determining reprehensibility, but they cannot base punitive damages on harm to others.
In light of the fact that BMW's actions fit none of the aggravating factors found to increase the level of reprehensibility, the huge disparity between the punitive award and that of compensation and the very small civil sanctions possible, the Court reversed the 500:1 award as grossly excessive and in violation of due process.
We have instructed courts to determine the reprehensibility of a defendant by considering whether: the harm caused was physical as opposed to economic; the tortious conduct evinced an indifference to or a reckless disregard of the health or safety of others; the target of the conduct had financial vulnerability; the conduct involved repeated actions or was an isolated incident; and the harm was the result of intentional malice, trickery, or deceit, or mere accident.
Gore instructed courts "to consider the degree of reprehensibility of the defendant's misconduct, the disparity between the actual or potential harm suffered by the plaintiff and the punitive damages award, and the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.
consider three criteria: (1) the degree or reprehensibility of the
Categorical liquidated damages would produce a regime similar to comparative reprehensibility analysis in a pure exclusionary-rule regime.
80) In finding that BMW did not receive adequate notice of the magnitude of the sanction that Alabama might impose, the Court referred to three 14 guideposts":(81) the degree of reprehensibility of the unlawful behavior; the relation between the harm or potential harm suffered on the one hand and the punitive damages award on the other; and the difference between the punitive award and the available penalties for comparable misconduct.
In ruling on those cases, the Court articulated three guideposts to help courts determine when they do so: the reprehensibility of the defendants' conduct, the ratio between the punitive damages and the actual loss the plaintiff suffered, and other punishments that state law provides for the misconduct.
247) In most societies, when violence is committed between intimates, notwithstanding its reprehensibility, it does not elicit the same kind of outrage as official torture.
Due process "does not permit courts to adjudicate the merits of other parties' hypothetical claims under the guise of the reprehensibility analysis," the court said.
559 (1996)], we instructed courts evaluating a punitive damages award's consistency with due process to consider three criteria: (1) the degree or reprehensibility of the defendant's misconduct, (2) the disparity between the harm (or potential harm) suffered by the plaintiff and the punitive damages award, and (3) the difference between the punitive damages awarded by the jury and the civil penalties authorized or imposed in comparable cases.
The degree of reprehensibility of the defendant's conduct, the duration of that conduct, the defendant's awareness, any concealment, and the existence and frequency of similar past conduct.