November 13, 2011

WLF publication criticizes punitive damages "white paper" issued by plaintiffs' group

The Washington Legal Foundation has published a Legal Backgrounder attacking a recent pro-plaintiff report on punitive damages.  The WLF report, authored by Victor Schwartz and Cary Silverman at the Shook Hardy firm, takes aim at a white paper released earlier this year by the Center on Justice & Democracy.

The WLF report makes some of the same points we made in our post about the white paper, including the observation that the white paper, despite claiming that limits on punitive damages are bad for society, offers no actual evidence that society is worse off in the majority of states that have now adopted caps or other limitations on punitive damages.

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