Punitive Damages

Punitive damages are awarded not to compensate a plaintiff, but to punish a defendant for intentional or malicious misconduct and to deter similar future misconduct.

The Problem

While punitive damages awards are infrequent, their frequency and size have grown greatly in recent years. More importantly, they are routinely asked for today in civil lawsuits. The difficulty of predicting whether punitive damages will be awarded by a jury in any particular case, and the marked trend toward astronomically large amounts when they are awarded, have seriously distorted settlement and litigation processes and have led to wildly inconsistent outcomes in similar cases.

ATRA’s Position

ATRA supports state legislation that: establishes a liability “trigger” that reflects the intentional tort origins and quasi‑criminal nature of punitive damages awards ‑ “actual malice;” requires “clear and convincing evidence” to establish punitive damages liability; and requires proportionality in punitive damages so that the punishment fits the offense. ATRA supports federal legislation that addresses the special problem of multiple punitive damages awards. Such legislation would protect against unfair overkill, guard against possible due process violations, and help preserve the ability of future claimants to recover basic out‑of‑pocket expenses and damages for their pain and suffering.

Search Through ATRA Reforms

Search through all of ATRA's reforms around Punitive Damages
MMPA and Punitive Damages Reform – S.B. 224
MISSOURI MERCHANDISING PRACTICES ACT (MMPA) REFORM A person seeking to recover damages for unlawful merchandising practices shall establish that the p...
Missouri
Punitive Damages Reform: S.F. 1827 (1990)
Provides the following punitive damage reforms a) raises the standard of conduct for punitive damages from the current “willful indifferenceR...
Minnesota
Punitive Damages Reform: H.B. 1 (1987)

Required 75% of all punitive damages awards to be paid to the State Treasury.

Georgia
Punitive Damages Reform: H.B. 1 (1987)
Limited the award of punitive damages to $250,000, except in product liability cases, where only one award of punitive damages can be assessed against...
Georgia
Punitive Damages Reform: H.B. 1369 (1995)

Requires “clear and convincing” evidence that the defendant has been guilty of oppression, fraud or actual malice.

North Dakota
Punitive Damages Reform: S.B. 2351 (1993)
Limits punitive damages to the greater of $250,000 or two times compensatory damages; allows for a bifurcated trial on the issue of punitive damages; ...
North Dakota
Punitive Damages Reform: S.B. 0296 (2006)
Permitted the Attorney General’s office to negotiate and compromise the portion of a punitive damages award that is to be paid to the state. Pro...
Indiana
Punitive Damages: S.B. 421 (2015)
Requires a plaintiff, in order to recover punitive damages, to establish by clear and convincing evidence that the defendant acted with actual malice ...
West Virginia
Punitive and Compensatory Damages Reform: S.B. 202 (2012)
Eliminates punitive and compensatory damages under the Wisconsin Fair Employment Act (WFEA) – a 2009 invention in Wisconsin law.  This forced Wisconsi...
Wisconsin
Punitive Damages Reform: Malicious Conduct: SB 11 (1995).
Requires a plaintiff to show that a defendant acted “maliciously or in intentional disregard of the rights of the plaintiff” for the recovery of punit...
Wisconsin


Punitive Damages News and Press

Explore ATRA's most recent press releases and blogs around Punitive Damages

Lawmakers Denounced for Pushing Punitive Damages in Last-Minute Amendment

This week, Illinois General Assembly Assistant Majority Leader Jay Hoffman...

ATRA Brief Calls on SCOTUS to Review Near Limitless Per Violation Civil Penalties

The American Tort Reform Association (ATRA) filed a friend of the court br...

Governor signs law on punitive damages, merchandising act

Governor Mike Parson signed into law changes to the legal make that was ch...

Search Resources

Search through all of ATRA's Amicus Briefs, Reports, and Other Resources around Punitive Damages
Search All
States
Status
Post Types
Date
Drake v. Bayer
(9th Circ., filed May 26, 2026): Arguing that rehearing should be granted to clarify the standards applicable to establishing class-wide injury.  The...
9th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
In Re FirstEnergy Corp. Securities Litigation
(6th Circ., filed May 21, 2026): Arguing that Comcast’s limits on class certification provide essential protections for American businesses and inves...
6th Circuit
  • Case Not Yet Decided iconCase Not Yet Decided
Suncor Energy (U.S.A.) Inc. v. County Commissioners of Boulder County, et. al.
(U.S., filed May 18, 2026): Arguing the state law does not provide a mechanism to recover damages for costs attributed to global climate change. Clim...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Veto Request, House Bill 26-1236, “Arbitration Reform”
...
Colorado
Second Letter Urging Veto of HB 449 / SB 229 Following Rejection of Amendments
...
Virginia
Comment by Leading Defense Bar and Business Groups Opposing Nonlawyer Ownership and Fee-Sharing
Tennessee Supreme Court comment by leading business and defense bar groups opposing nonlawyer law firm ownership – 4.30.2026Download ...
Tennessee
Blade v. Sig Saurer
(E.D. Pa., filed April 6, 2026): Arguing that the court should grant Sig Saurer’s motion for reconsideration because Mallory upends the jurisdictiona...
Eastern District of Pennsylvania
  • Case Not Yet Decided iconCase Not Yet Decided
Suquilanda v. Skyway Roofing, Inc.
(Ma., filed March 18, 2026): Urging the court to decline to recognize a new cause of action permitting employees of a subcontractor to sue a contract...
Massachusetts
  • Case Not Yet Decided iconCase Not Yet Decided
Letter Urging Veto or Amendments to House Bill 449 / Senate Bill 229 in Virginia
...
Virginia
Corporate Flight from Delaware: The Impact of Escalating Shareholder Litigation and Legal Uncertainty
Unpredictable court rulings and a wave of lawyer-driven, profit-seeking litigation are destabilizing Delaware’s historic dominance for corporat...
Delaware



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