The necessary protection

During 1994, a district court in New Mexico, a woman awarded $ 160000 in damages and $ 2.7 million in punitive damages because of burns after the woman throws a cup of coffee McDonald’s. During 1996, the Supreme Court of Alabama spent $ 4 million in punitive damages in light of $ 4000 for a value of cosmetic damage to a doctor BMW. And in 2000, a Florida Circuit Court awarded $ 145 billion in punitive damages, the largest market of its kind in U.S. history against the cigarette in a collective state, after consultation with evidence of only three complainants, without any information, like other members of the class was, like many, it was, or the extent of their injuries. Given that the differences between the punitive damages Awards and distinctions which are linked to increased compensation and the reasons on which they were rewarded has been increasingly vague, questions began to stir. When punitive damages price too high? At what point does the punishment of crimes not in place and working as a case of wind while the complainant guilty illegally deprived of their property, without due process of justice? How the courts to examine the legality of punitive damages awards juries?

In response to such cases, the United States Supreme Court began using the Due Process fourteenth amendment to the clause as a means of verifying the adequacy of punitive damages awards, the courts of the State. During 1996, and bearing in mind the constant increase Strafaktion distinctions, the Court introduced a consideration of three factors, by awarding punitive damages is excessive and a fair trial wounded. During 2003, the test was more accurate the lower courts increasingly meaningless as the Due Process Clause places physical limits to punitive damages awards. These rulings, but not yet nearly indisputable.

This indication will focus on the 2003 Supreme Court application of the Due Process Clause, to restrictions on the content of punitive damages in civil law distinctions. It consists of nine parts. Part II looks very briefly the elements and purpose of the due process clause and punitive damages awards. Part III, Title of the Supreme Court case with a maximum of BMW of North America Inc., v. Gore, where the Supreme Court defines its guidelines for reviewing punitive damages awards.

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