Document Type

Working Paper

Publication Date

12-2-2016

SSRN Discipline

Economics Research Network; Legal Scholarship Network; Law School Research Papers - Legal Studies; Law & Society eJournals; Law & Society: Private Law eJournals; LSN Subject Matter eJournals; Law School Research Papers - Public Law & Legal Theory; Financial Economics Network; Political Science Network; Law School Research Papers - Law & Economics

Abstract

State punitive damages reforms have altered how courts award punitive damages We model the decision to award punitive damages as a twostep process involving the decision to award any punitive damages and the decision of what amount to award For the Civil Justice Survey of State Courts samples of trial court verdicts punitive damages caps reduce the amount of damages awarded but do not affect whether they are initially awarded In contrast the effect of punitive damages reforms on blockbuster punitive damages awards of at least 100 million is to reduce the incidence of these awards but not their amount

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