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What Drives the Passage of Damage Caps?

By Jonathan Klick and Catherine M. Sharkey


A number of states have passed caps on non-economic and punitive damage awards in civil cases. The conventional wisdom is that the passage of these caps is driven by \u22out-of-control\u22 jury awards that need to be reigned in. However, it could be the case that voters harboring anti-litigation, pro-tort reform sentiments are more likely to support the passage of caps even in the absence of an upsurge in awards. To examine the effect of jury awards on the passage of caps, we estimate semi-parametric hazard models of cap passage using data from the Jury Verdict Research Reporter

Topics: Law and Economics, Practice and Procedure, Torts, Law and Economics, Litigation, Torts
Publisher: NELLCO Legal Scholarship Repository
Year: 2009
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