Unconstitutionally Excessive Statutory Damage Awards
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Is Injury Compensation Excessive?
There is widely perceived to be a public liability crisis in Australia. This paper analyses whether court awards for injuries are excessive. The paper has two main parts. The first part outlines a normative basis for the sizes of awards based on the principles of welfare economics and the amounts that individuals would be willing to pay to avoid injuries. It shows the kinds of compensation sums...
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In June 1999, a New York jury awarded over $76 million dollars to Gaelle Prindilus, a woman who suffered brain damage when she was an infant because of the purported carelessness of the resident doctors who delivered her at Harlem Hospital. Allegedly, the hospital staff failed to do a sonogram that would have revealed the umbilical cord tied around the plaintiff’s neck. Such headlinegrabbing st...
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In response to concerns that jury awards in tort cases are excessive and unpredictable, nearly every state legislature has enacted some version of tort reform that is intended to curb extravagant damage awards. One of the most important and controversial reforms involves capping (or limiting) the maximum punitive damage award. We conducted a jury analogue study to assess the impact of this refo...
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In response to concerns that jury awards in tort cases are excessive and unpredictable, nearly every state legislature has enacted some version of tort reform that is intended to curb extravagant damage awards. One of the most important and controversial reforms involves capping (or limiting) the maximum punitive damage award. We conducted a jury analogue study to assess the impact of this refo...
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Damage measures in securities fraud cases are very imprecise because they are based on security price changes that reflect both the correction of previous misrepresentation and other independent information. Consequently, potential plaintiffs have a valuable “free option” to decide whether or not to file suit, and average damage awards are greater than actual damages, much greater when markets ...
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