Beyond State Farm: Due Process Constraints on Noneconomic Compensatory Damages

By DeCamp, Paul | Harvard Journal of Law & Public Policy, Fall 2003 | Go to article overview

Beyond State Farm: Due Process Constraints on Noneconomic Compensatory Damages


DeCamp, Paul, Harvard Journal of Law & Public Policy


INTRODUCTION

I. THE HISTORY OF JUDICIAL REVIEW OF
    NONECONOMIC COMPENSATORY DAMAGES
    AWARDS
 A. The Origins of Judicial Review of Damages Awards
     for Excessiveness in the English Courts
 B. English Decisions Recognize the Conceptual
     Differences Between Reviewing Economic and
     Noneconomic Damages
 C. American Courts Adopt "Passion or Prejudice" or
     "Shock the Conscience" Approaches to Judicial
     Review
 D. To Compare or Not to Compare Awards in Other
     Cases
 E. Compensatory Damages and the Seventh
     Amendment

II. THE INADEQUACY OF TRADITIONAL PROCEDURES
     FOR AWARDING NONECONOMIC COMPENSATORY
     DAMAGES AND REVIEWING VERDICTS
 A. Jurors Receive Inadequate Guidance or Evidence to
     Enable Them to Render an Informed Verdict
 B. Judicial Review of Awards of Noneconomic
     Compensatory Damages for Excessiveness Generally
     Lacks Principle or Predictability

III. THE SUPREME COURT'S PUNITIVE DAMAGES
     JURISPRUDENCE

 A. Pacific Mutual Life Insurance Co. v. Haslip: The
     Court's First Procedural Due Process Evaluation of
     Punitive Damages
     1. The Majority Upholds Common-Law Punitive
         Damages Procedures
     2. Justice O'Connor's Dissent
 B. TXO Production Corp. v. Alliance Resources
     Corp.: A Plurality Recognizes a Substantive Due
     Process Prohibition of Grossly Excessive Punitive
     Damages
     1. The Plurality Upholds the Verdict Under
         Substantive and Procedural Due Process
         Standards
     2. Justice O'Connor's Dissent
 C. Honda Motor Co. v. Oberg: Procedural Due Process
     Mandates Judicial Review of the Amount of Punitive
     Damages Awards for Excessiveness
 D. BMW of North America, Inc. v. Gore: The Court
     Provides Substantive Due Process "Guideposts" to
     Determine Excessiveness
 E. Cooper Industries, Inc. v. Leatherman Tool
     Group, Inc.: The Court Requires De Novo Appellate
     Review of Excessiveness Analysis
 F. State Farm Mutual Automobile Insurance Co. v.
     Campbell: The Court Suggests a Constitutional
     Limiting Ratio of Nine-To-One
IV. DUE PROCESS REQUIRES MEANINGFUL GUIDANCE
    TO JURIES AND MEANINGFUL JUDICIAL REVIEW OF
    NONECONOMIC COMPENSATORY DAMAGES
    AWARDS
 A. Trial Courts Should Inform Jurors of a Range of
     Noneconomic Compensatory Damages Awards in
     Factually Comparable Cases
 B. Trial Courts Should Exercise a Two-Tiered Review of
     Noneconomic Compensatory Damages Awards for
     Excessiveness
 C. Appellate Courts Should Exercise a Two-Tiered
     Review of Trial Court Rulings Regarding
     Excessiveness
CONCLUSION

INTRODUCTION

Punitive damages and noneconomic compensatory damages (1) share much in common. In the seventeenth, eighteenth, and nineteenth centuries, such damages were largely undifferentiated and, in some respects, interchangeable, with punitive damages serving in part as an avenue of recovery for types of intangible harms not yet expressly recognized as compensable. Unlike economic damages, which have long been subject to relatively robust judicial scrutiny, judges traditionally have left determination of punitive and noneconomic compensatory damages almost exclusively to juries, subject only to review under such amorphous standards as abuse of discretion, passion or prejudice, or "shocks the conscience."

Since 1991, however, the Supreme Court of the United States has decided a line of cases interpreting the Due Process Clause of the Fourteenth Amendment (2) as imposing limits, both substantive and procedural, on awards of punitive damages. Primarily in response to a concern that traditional modes of review were increasingly failing to reign in "runaway" punitive damages awards, the Court has dramatically increased the scope of judicial involvement in reviewing punitive damages awards for excessiveness. The Court's decision in State Farm Mutual Automobile Insurance Co. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items

Items saved from this article

This article has been saved
Highlights (0)
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

Citations (0)
Some of your citations are legacy items.

Any citation created before July 30, 2012 will labeled as a “Cited page.” New citations will be saved as cited passages, pages or articles.

We also added the ability to view new citations from your projects or the book or article where you created them.

Notes (0)
Bookmarks (0)

You have no saved items from this article

Project items include:
  • Saved book/article
  • Highlights
  • Quotes/citations
  • Notes
  • Bookmarks
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Cited article

Beyond State Farm: Due Process Constraints on Noneconomic Compensatory Damages
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Author Advanced search

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.