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Insurance

Apr. 8, 2006

Ratio for Punitive Damages Is an Area of Law Still in Motion

According to State Farm Mutual Automobile Insurance Co. v. Campbell , 538 U.S. 408 (2003), an award of punitive damages "more than four times the amount of compensatory damages [awarded] might be close to the line of constitutional impropriety." Naturally, appellate courts later addressed this "ratio" issue. See, e.g., Diamond Woodworks Inc. v. Argonaut Insurance Co. , 109 Cal.App.4

Rex Heeseman

JAMS

555 W 5th St Fl 32
Los Angeles , CA 90013-1055

Phone: (213) 253-9772

Fax: (213) 620-0100

Email: rheeseman@jamsdar.com

Stanford Univ Law School

Rex Heeseman retired from the Los Angeles Count Superior Court bench in 2014. He is at JAMS, Los Angeles. Besides speaking at various MCLE programs, he co-authors The Rutter Group's practice guide on "Insurance Litigation." From 2002 to 2015, he was an adjunct professor at Loyola Law School.

Focus Column

By Rex Heeseman
        
        According to State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), an award of punitive damages "more than four times the amount of compensatory damages [awarded] might be close to the line of constitutional impropriety." Naturally, appellate courts later addressed this "ratio" issue....

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