What Drives the Passage of Damage Caps?
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Description
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 “out-of-control” 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 seimiparametric hazard models of cap passage using data from the Jury Verdict Research Reporter. KEYWORDS: Damage Caps, Caps, Punitive Damages, Non-economic Damages, Jury, Legislature, Tort Reform, Litigation, Hazard Model.
Source Publication
Empirical Studies of Judicial Systems 2008
Source Editors/Authors
Huang Guochang
Publication Date
2009
Recommended Citation
Klick, Jonathan and Sharkey, Catherine M., "What Drives the Passage of Damage Caps?" (2009). Faculty Chapters. 1768.
https://gretchen.law.nyu.edu/fac-chapt/1768
