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: SB 1223 (1987).
Requires a plaintiff to show by a preponderance of evidence that a defendant’s conduct was “oppressive, fraudulent, wanton, malicious or outrageous” f...
Idaho
Punitive Damages Reform: SF 482 (1987).
Requires a plaintiff to show by a “preponderance of clear, convincing, and satisfactory evidence that the conduct of the defendant from which the clai...
Iowa
Punitive Damages Reform: SB 2265 (1986): Iowa Code Ann. § 668A.1.
Requires a plaintiff to show that a defendant acted with “willful and wanton disregard for the rights and safety of another.”  (In 1987 the evidence s...
Iowa
Punitive Damages Reform: HB 775 (1999)
Limits punitive damages to the greater of three times the award of compensatory damages or $500,000.  Limits punitive damages to he greater of four ti...
Florida
Punitive Damages Reform: SB 465 (1986).
Limits punitive damages to three times the award of compensatory damages, unless a plaintiff can demonstrate by “clear and convincing” evidence that a...
Florida
Punitive Damages Reform: HB 1186 (2003).
Prohibits a plaintiff from filing a claim for punitive damages unless the plaintiff can show evidence of willful or wanton action that would justify s...
Colorado
Punitive Damages: FDA-Approved Drugs: HB 1093 (1991).
Expands 1990’s prohibition against seeking punitive damages in cases in which FDA approved drugs are administered by a physician, to include med...
Colorado
Punitive Damages Reform: HB 1069 (1990).
Bars the award of punitive damages in professional negligence lawsuits until discovery has been substantially completed.  Prohibits discovery from bei...
Colorado
Punitive Damages Reform: HB 1197 (1986)
Provides that an award for punitive damages may not exceed an award for compensatory damages.  Permits a court to reduce a punitive damages award if d...
Colorado
Punitive Damages Reform: SB 241 (1987)
Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with oppression, fraud, or malice.  Requires the determination ...
California


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
The Key School Inc. v. Bunker; Board of Education of Hartford County v. John Doe
(Md., filed August 7, 2024): Arguing that reviving time-barred claims undermines Maryland’s civil justice system and creates turmoil for busines...
Maryland
  • Case Not Yet Decided iconCase Not Yet Decided
Schneider Electric USA v. Williams; Union Carbide Corp. v. Schneider Electric USA
(KY., filed July 23, 2024): Arguing against the adoption of “take-home” exposure liability in asbestos cases. View Full Amicus Brief ...
Kentucky
  • Case Not Yet Decided iconCase Not Yet Decided
Medical Marijuana, Inc., Et. Al. v. Horn
(U.S., filed July 15, 2024): Arguing that permitting private plaintiffs to recover damages from personal injuries conflicts with RICO’s plain text. Al...
SCOTUS
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
Smith & Wesson Brands v. Estados Unidos Mexicanos
(U.S., filed May 22, 2024): Arguing that the Court should grant the petition for certiari to reaffirm that foreseeability is not a substitute for prox...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
City of Huntington, West Virginia and Cabell County Commission v. AmerisourceBergen Drug Corporation, Cardinal Health, Inc., and McKesson Corporation
(W.V., filed May 20, 2024): Arguing that public nuisance traditionally has been limited to conduct that interferes with the use of real property.  The...
West Virginia
  • Case Not Yet Decided iconCase Not Yet Decided
Beinvenu et. al. v. The Society of the Roman Catholic Church of the Diocese of Lafayette et.al.
(La., filed May 20, 2024): Urging the court to not overturn their previous decision in the case.  Arguing that the Court’s original decision was not b...
Louisiana
  • Court Ruled Against ATRA's Position iconCourt Ruled Against ATRA's Position
The People of the State of Michigan v. Eli Lilly & Co.
(MI., filed May 1, 2024): Arguing that the Michigan Supreme Court correctly decided previous cases based on the plain language of Michigan’s consumer ...
Michigan
  • Case Not Yet Decided iconCase Not Yet Decided
Legal Services Advertising – Georgia – 2019-2023
In 2023, it is estimated that $2.4 billion was spent on more than 26 million local legal services television, radio, print ads or billboards solicitin...
Georgia
Legal Services Advertising – Pennsylvania – 2019-2023
In 2023, it is estimated that $2.4 billion was spent on more than 26 million local legal services television, radio, print ads or billboards solicitin...
Pennsylvania
Campaign Finance Analysis — Plaintiffs’ Firms and PAC Contributions — Pennsylvania — 2017-2023
The American Tort Reform Association’s campaign finance analysis report on plaintiffs’ firms and PAC contributions in Pennsylvania, 2017-2...
Pennsylvania



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