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
Punitive Damages Reform: Clear and Convincing Evidence” Wangen v. Ford Motor Co., 294 N.W.2d 437 (Wis. 1980).

Requires a plaintiff to prove punitive damages by “clear and convincing evidence.”

Wisconsin
Punitive Damages Reform: SB 402 (1987)
Limits the award of punitive damages to $350,000.  The Virginia Court of Appeals upheld the constitutionality of this statute in Wackenhut Applied Tec...
Virginia
Punitive Damages Reform: SB 24 (1989).
Requires a plaintiff to show by “clear and convincing” evidence that a defendant’s actions were “knowing and reckless.”  (The law previously required ...
Utah
Punitive Damages Reform: HB 4 (2003).

Requires unanimous jury verdict to award punitive damages.  Specifies that jury must be so instructed.

Texas
Punitive Damages Reform: SB 25 (1995): Tex. Civ. Prac. & Rem. Code §§ 41.003, 41.008.
Limits the award of punitive damages to the greater of $200,000 or two times the award of economic damages plus non‑economic damages up to $750,000.  ...
Texas
Punitive Damages Reform: SB 5 (1987).
Requires a plaintiff to show that a defendant’s actions were fraudulent, malicious, or grossly negligent.  Limits the award of punitive damages to the...
Texas
Punitive Damages Reform: S.B. 222 (2013)
Authorizes the award of punitive damages in a civil action against a defendant based on vicarious liability only if the finder of fact determines by c...
Tennessee
Punitive Damages Reform: HB 2008 / SB 1522 (2011); Amended Tenn. Code Ann. § 29-39-104.
Limits punitive damages to two times compensatory damages or $500,000, whichever is greater.  The limits on punitive damages do not apply if the defen...
Tennessee
Punitive Damages Reform: Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992).

Requires a plaintiff to prove punitive damages by “clear and convincing” evidence.

Tennessee
Punitive Damages Reform: SB 280 (1986): S.D. Codified Laws Ann. § 21-1-4.1.

Requires a plaintiff to prove by “clear and convincing” evidence that a defendant acted with “willful, wanton, or malicious” conduct.

South Dakota


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
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
New York Local Legal Services Advertising 2024-2025
Trial lawyers and aggregators increasingly spend large sums of money on television, digital, and print advertising to recruit new clients. In 2025, i...
New York
Murphy v. Rio Rancho Center
(New Mex. Ct. App., filed March 5, 2026): Arguing that the double-digit punitive multipliers likely violate due process. The U.S. Supreme Court has s...
New Mexico
  • Case Not Yet Decided iconCase Not Yet Decided



The American Tort Reform Association is the nation’s first organization dedicated exclusively to reforming the civil justice system through education and legislative enactment.

To receive occasional updates from ATRA, enter your email address:
By subscribing, you agree to our Privacy Policy and consent to receive updates.
© 2026 ATRA. All rights reserved.