This model sports no caps; proposal by uniform law commissioners tightens punitive procedures

Article Abstract:

Punitive damages continues to occupy much attention as a political issue, with at least a dozen states having imposed limitations on such damages, the most controversial of legislative damages limits. The measure which the National Conference of Commissioners of Uniform State Laws approved in July 1996 expressly rejects such a limitation, saying its intent is to improve the awarding of damages so that arbitrary limits are no longer necessary. The acts lists nine factors which juries should consider in setting punitives awards. Other features of the act are listed.

states

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If the punishment fits; doctored BMW paint job returns punitive damages issue to court

Article Abstract:

When the US Supreme Court considers BMW of N America v Gore it will decide whether an AL court has the authority to hold BMW responsible for conduct outside the state, and whether a punitive award 500 times the amount of the compensatory award violates due process by being grossly excessive. The case's overtones of federalism in the present political climate favor BMW, as does Stephen G Breyer's replacing Harry A Blackmun on the court, so former punitive damages decisions may carry less weight.

Cases, Automobiles, Product liability, Products liability

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Investors' attorneys find task force report faulty; recommendation to cap punitive damages in securities arbitrations raising most controversy

Article Abstract:

A report by a task force of the National Assn of Securities Dealers recommending reforms of the country's securities arbitration system calls for changes including limiting punitive damages, reforming discovery, using more mediation and having a larger pool of arbitrators. The proposed limitation of punitive damages is $750,000 or twice actual damages, regardless of what state law provides for. Many plaintiffs' lawyers oppose this proposed cap.

Remedies, Securities fraud

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