Economics, Econometrics and Finance
4 years ago

Judges and juries equally award punitive damages, no need for displacement.

Cornell law review/˜The œCornell law quarterly
Juries, Judges, and Punitive Damages: An Empirical Study
Theodore Eisenberg, Neil LaFountain, Brian Ostrom, David B. Rottman, Martin T. Wells

Paper Summary

The article compares how judges and juries decide on punitive damages in legal cases. Data from 45 large counties show that judges and juries don't differ much in how often they award punitive damages or in the size of those awards compared to compensatory damages. However, juries have a wider range of punitive awards than judges, leading to only a few jury awards that are higher than what judges might give in similar cases.

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