Scholarship on Damage Caps
Catherine Sharkey (NYU) and Jonathan Klick (Penn) have posted an article entitled “What Drives the Passage of Damage Caps?” on SSRN. The article is available here. Here is the abstract:
Anumber of states have passed caps on non-economic and punitive damageawards in civil cases. The conventional wisdom is that the passage ofthese caps is driven by “out-of-control” jury awards that need to bereigned in. However, it could be the case that voters harboringanti-litigation, pro-tort reform sentiments are more likely to supportthe passage of caps even in the absence of an upsurge in awards. Toexamine the effect of jury awards on the passage of caps, we estimatesemi-parametric hazard models of cap passage using data from the JuryVerdict Research Reporter.
ADL
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