The Changing Landscape of Blockbuster Punitive Damages Awards

Working Paper: NBER ID: w15571

Authors: Alison F. Del Rossi; W. Kip Viscusi

Abstract: This article investigates the determinants of the blockbuster punitive damages awards of at least $100 million. As of the end of 2008, there had been 100 such awards with an average value of $3.0 billion. The U.S. Supreme Court decision in State Farm v. Campbell suggested a single digit upper bound on the punitive damages/compensatory damages ratio, which reduced the annual number of blockbuster awards, the total annual value of blockbuster awards, and the punitive damages/compensatory damages ratio. Applying the 1:1 ratio from Exxon Shipping Co. et al. v. Baker et al. broadly would eliminate most of the blockbuster awards.

Keywords: No keywords provided

JEL Codes: K10; K40


Causal Claims Network Graph

Edges that are evidenced by causal inference methods are in orange, and the rest are in light blue.


Causal Claims

CauseEffect
11:1 ratio (C29)eliminate most blockbuster awards (Y30)
U.S. Supreme Court decisions (K37)drop in the number of blockbuster punitive damages awards (K41)
U.S. Supreme Court decisions (K37)drop in the amounts of blockbuster punitive damages awards (K41)
U.S. Supreme Court decisions (K37)drop in the ratio of punitive to compensatory damages (K13)
State Farm decision (G52)decrease in responsiveness of punitive damages to compensatory damages (K13)

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