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Judges, Juries, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data

By Theodore Eisenberg, Paula L Hannaford, Michael Heise, Neil LaFountain, Brian Ostrom, Martin T Wells and G. Thomas Munsterman

Abstract

We analyze thousands of trials from a substantial fraction of the nation\u27s most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries\u27 and judges\u27 tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases

Topics: Punitive damages, Juries, Judges, Judges
Publisher: Scholarship@Cornell Law: A Digital Repository
Year: 2006
OAI identifier: oai:scholarship.law.cornell.edu:lsrp_papers-1029
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