1/17/2006
www.EPS-Consulting.com
11
Punitive Damages
1.Punitive Damages are most common in
business cases (contract, fraud, employment) according to Eisenberg, et al., not
torts cases.
2.The request for punitive damages tends to
increase the size of the compensatory award, even if no punitive damages are
awarded.
3.When conduct is egregious and punitive
damages are capped or unavailable, juries react by increasing compensatory awards