February 10, 2008

Law Review Article Explores Constitutional Limits on Punitive Damages in Wrongful Death Cases

Professor Mark A. Geistfeld has an article entitled "Punitive Damages, Retribution and Due Process" in the January 2008 edition of the Southern California Law Review. The article calls for a new method of analyzing the excessiveness of punitive damages in cases involving serious bodily injury and death. He posits that punitive damages should serve to vindicate the social cost of a premature death. Relying on government statistics to compute those costs, he concludes that the $79.5 million punitive damages award approved by the Oregon Supreme Court in Philip Morris v. Williams was not excessive.

Click here to see the abstract.

Hat tip to How Appealing.