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No More Blind Man's Bluff on Punitive Damages

Summer 2003
American Bar Association Litigation Magazine, Vol. 29, No. 4
All has not been well in punitive damages land, where the
landscape has been dotted with startling jury verdicts—occasionally
in the billions of dollars and not infrequently in the
tens or hundreds of millions—that reflect a system that is too
often out of control, a system in which one jury might find no
punishable misconduct while the next imposes an eight- or
nine-digit sanction for the same product design defect or
allegedly deceptive corporate marketing practice.

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