The Supreme Court has imposed some due process limits on both the size of punitive damages awards and the process by which those awards are determined and reviewed. In performing the substantive due process review of the size of punitive awards, a court must consider three factors: degree of the conduct; disparity between “the reprehensibility of” defendant’s “the the harm or potential harm suffered the plaintiff and the punitive award; and the difference by” between the punitive award the civil penalties authorized or imposed in comparable cases.” “and 517 U.S. 559, 575 (1996). BMW of North America, Inc. v. Gore, For a complete discussion of the applicability of the factors to a jury instruction on Gore punitive damages, see the Comment to Instruction 4.8.3.
The Supreme Court has imposed some due process limits on both the size of punitive damages awards and the process by which those awards are determined and reviewed. In performing the substantive due process review of the size of punitive awards, a court must consider three factors: “the degree of reprehensibility of” the defendant’s conduct; “the disparity between the harm or potential harm suffered by” the plaintiff and the punitive award; and the difference between the punitive award “and the civil penalties authorized or imposed in comparable cases.” BMW of North America, Inc. v. Gore, 517 U.S. 559, 575 (1996). For a complete discussion of the applicability of the Gore factors to a jury instruction on punitive damages, see the Comment to Instruction 4.8.3.
6_Chap_6_2018_March.docx