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: FDA-Approved Drugs: SB 1453 (1989).

Establishes a government standards defense to punitive damages for FDA-approved drugs.

Arizona
Punitive Damages Reform: Clear and Convincing Evidence: Linthicum v. Nationwide Life Ins. Co., 723 P.2d 675 (Ariz. 1986).

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

Arizona
Punitive Damages Reform: HB 1038 (2003).
Raises the standard for the imposition of punitive damages to “clear and convincing” evidence of actual fraud, malice, or willful or wanton conduct an...
Arkansas
Punitive Damages Reform: SB 137 (1999)
Limits the award of punitive damages in most non-physical injury cases to the greater of three times the award of compensatory damages or $500,000.  L...
Alabama
Punitive Damages Reform: (1987): Ala. Code § 6-11-20.
Requires a plaintiff to show by “clear and convincing” evidence that a defendant acted with “wanton” conduct for the recovery of punitive damages.  Li...
Alabama
Punitive Damages Reform: HB 58 (1997).
Limits the award of punitive damages in most cases to the greater of three times the award of compensatory damages or $500,000.  Limits the award of p...
Alaska
Punitive Damages Reform: SB 337 (1986).

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

Alaska
Punitive Damages Reform: HB 729 (1995): N.C. Gen. Stat. §§ 10-15(b), 1D‑25 .
Limits the award of punitive damages to the greater of three times the award of compensatory damages or $250,000, unless the defendant caused the inju...
North Carolina


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
Sunoco LP, et al., v. City and County of Honolulu, Hawaii, et al.; and Shell PLC v. City and County of Honolulu, Hawaii, et. al.
(U.S., Filed April 1, 2024): Arguing that global climate change is not traditional state tort or consumer law.  The development, funding and litigatio...
SCOTUS
  • Case Not Yet Decided iconCase Not Yet Decided
Legal Services Advertising – New Jersey – 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...
New Jersey
Campaign Finance Analysis – Plaintiffs’ Firms and PAC Contributions — New Jersey – 2017-2023
The American Tort Reform Association’s campaign finance analysis report on plaintiffs’ firms and PAC contributions in New Jersey, 2017-202...
New Jersey
Campaign Finance Analysis – Plaintiffs’ Firms and PAC Contributions — California – 2017-2023
The American Tort Reform Association’s campaign finance analysis report on plaintiffs’ firms and PAC contributions in California, 2017-202...
California
Legal Services Advertising – California – 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...
California
Gilead Tenofovir Cases, Gilead Sciences v. Superior Court of the City and County of San Francisco
(Ca., filed March 13, 2024): Urging the court to review the lower court’s decision to adopt an innovative theory of liability. The California Court of...
California
  • Court Granted Cert iconCourt Granted Cert
Campaign Finance Analysis – Plaintiffs’ Firms and PAC Contributions — Nevada – 2017-2023
The American Tort Reform Association’s campaign finance analysis report on plaintiffs’ firms and PAC contributions in Nevada, 2017-2023.  ...
Nevada
Legal Services Advertising – Nevada – 2019-2023
The American Tort Reform Association’s latest report analyzing legal services advertising in Nevada 2019-2023.In 2023, it is estimated that $2.4 billi...
Nevada
Legal Services Advertising – New York – 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...
New York
Campaign Finance Analysis – Plaintiffs’ Firms and PAC Contributions — New York – 2017-2023
The American Tort Reform Association’s campaign finance analysis report on plaintiffs’ firms and PAC contributions in New York, 2017-2023....
New York



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