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Punitive Damages Are Fact-Specific and Thus Defy Rigid Standards

April 13, 2009

Analysis of:The Supreme Court and law left hanging | www.latimes.com

The LA Times piece understandably reflects frustration with the imprecise nature of punitive damages, but overlooks the Supreme Court's role in resolving such difficult issues. That role is especially important in considering punitive damages issues because punitive damages reflect competing policy objectives that require delicate balancing the Supreme Court can only address in the right set of circumstances. Even the right circumstances are likely to be confined to specific facts, so bright line aspiration will likely be subject to different forms and applications to meet different circumstances.

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