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Volume 3: Issue 3
Deborah J. LaFetra Reviews: Punitive Damages: How Juries Decide - By Cass R. Sunstein, Reid Hastie, John W. Payne, David A. Schkade, and W. Kip Viscusi
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Tort reformers look at outrageously large punitive damages as one of the most visible signs of a justice system gone awry. The rule of law depends on consistent remedies applied to tortious wrongs. Instead, the newspapers trumpet punitive damage awards in ever-increasing amounts, leading many pro-reform commentators to label the phenomenon, “Jackpot Justice.” The anecdotes have become familiar: the old lady who got millions from McDonald’s after she spilled hot coffee in her lap while driving; the BMW paint touch-up worth $4,000 in compensatory damages and $4 million in punitive damages, and the granddaddy of them all: the $145 billion tobacco verdict.