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

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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
Exxon Mobil v. New Hampshire
(U.S. Supreme Court, filed February 22, 2016): Arguing that Exxon’s liability for selling MTBE-Oxygenated gasoline should be preempted by the federal ...
New Hampshire
  • Court Denied Cert iconCourt Denied Cert
Konstantin v. 630 Third Avenue Associates, et. al.
(New York, filed in February of 2016): Arguing that consolidation of asbestos-based personal injury actions for trial violates CPLR 602(a) where the a...
New York
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Certainteed Corporation v. Fletcher
(Ga., filed in March of 2016): Arguing that manufacturers should not be held liable for negligence in asbestos cases involving take-home exposure. ...
Georgia
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Microsoft v. Baker
(U.S., filed March 18, 2016): Arguing that a federal court of appeals lacks jurisdiction to review an order denying class certification after the plai...
SCOTUS
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
In Re Lipitor
(3rd Cir., filed March 28, 2016): Arguing that antitrust cases require pleadings to include sufficient facts to establish a plausible foundation for t...
3rd Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
In Re Trinity Industries Inc.
(5th Cir., filed March 28, 2016): Arguing that if allowed to stand, the decision below would produce deep regulatory uncertainty for manufacturers and...
5th Circuit
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Lindenberg v. Jackson National Life Insurance Co.
(Tenn., filed April 15, 2016): Arguing that Tennessee’s statutory limit on punitive damages is constitutional.  The statutory limit does not infringe ...
Tennessee
  • Court Ruled in Favor of ATRA's Position iconCourt Ruled in Favor of ATRA's Position
Graham v. R.J. Reynolds Tobacco Co.
(11th Cir., filed April 22, 2016).  Arguing that reliance on general, non-specific verdicts to foreclose litigation of highly specific issues that may...
11th Circuit
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Davis v. Honeywell Inc.
(Cal., filed April 29, 2016): Arguing that the court should clarify what constitutes a “substantial factor” in contributing to the risk of developing ...
California
  • Court Denied Cert iconCourt Denied Cert
Beason v. I.E. Miller
(Ok., filed June 6, 2016): Arguing that the statutory limits on noneconomic damages are constitutional and does not violate a person’s right to a jury...
Oklahoma
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position



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