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Ah neat, I'd heard that term before but didn't know it's real meaning. Thanks! How are punitive damages determined though? Surely there's still some methodology
by CodeSgt 4y ago
Ah neat, I'd heard that term before but didn't know it's real meaning. Thanks! How are punitive damages determined though? Surely there's still some methodology to follow when calculating them, I don't see how any reasonable methology would have arrived at $1b.
- etchalon 4y agoPunitive damage calculations vary state to state. Some states cap (TX, where Jones first loss was suffered) based on a multiplier of the "real" damages. Some states don't. In states that don't, punitive damages can be "whatever the jury decides", and the goal is usually to punish outrageous behavior with outsized amounts. Because there were 14 individual people, with each getting an individual settlement amount, it added up quickly.
- ncmncm 4y agoPunitive damages have to be large enough to discourage the harmful behavior. That means they need to be scaled to the budget of the person doing the harm, not to the harm itself. Maybe the State should keep whatever of the punitive part seems too much larger than the actual damage. The alternative is that the fine is just "cost of doing business". Rich people park any old place, any old time, and just pay their parking fines. OK for city government revenue, but bad for public safety, and worse for fairness and civic life.