July 10, 2008

Ted Frank Op-Ed in Wall Street Journal: "The Era of Big Punitive Damage Awards Is Not Over"

Ted Frank, a resident fellow of the American Enterprise Institute and a frequent contributor to Overlawyered.com, has this op-ed in the Wall Street Journal.

The op-ed says that Exxon Shipping Co. did not foreclose the possibility of mega-punitive awards in future cases. That position is not likely to be very controversial. Everyone seems to agree that Exxon Shipping Co. is not binding authority for punitive damages awards under state law. While some state court judges may be influcenced by the Supreme Court's reasoning, they aren't bound by it, meaning that the judges who have been inclined to approve colossal awards in the past will feel free to continue doing so in the future.

1 comment:

  1. who does ted frank think he is.
    unless he has taken a drug and has been harmed by it he should not pass judgement on people damaged by it.
    for example mirapex i can prove no gambling pryor to taking it then a big addiction to gambling after i and meny others have been seriously affected by this drug.
    why should he be on the side of the maulti million dollor manufacturers they can make billions at our expence and thats ok but let us find them neglegent and we should just take it with a grain of salt.
    somethings very wrong with this picture .
    our safty should be there main concern but it isnt,
    making money is there only prioity so he needs to stop making excauses for them and let anyone harmed by there negelligence be compansated. maybe if he looses a family member to some drug they were taking he would think differently.
    having parkinson or rls is very deverstating in itself
    why should we suffer more