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PUNITIVE DAMAGES Why are Punitive Damages Needed? Why Don't Compensatories Provide Sufficient Deterrence?:Because, sometimes the law systematically underestimates damages o Ex. emotional distress now generally compensable in intentional torts, but hard to measure, and outrageous conduct sometimes inflicts immeasurable harm:
? Environmental harm in Exxon, because of economic loss rule or because it was not yet provable at trial
? Cultural harm
? Severe emotional distress
Size of Punitive Damage Awards:?
Although PD awards have increased over time, median PD:CD ratio has remained less than 1:1 (spread is great though, and outlier cases subject defendants to punitives many times the compensatories The large mean/median pun:comp ratios and standard deviations are with the SMALL verdicts, and nobody cares about the small verdicts. It makes sense that the multiplier would be larger when compensatories are
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