Venue: |
SCOTUS
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Facts: |
OR amended its constitution to prohibit judicial review of the size
of punitive damage awards by juries. Oberg got hurt badly while
driving a Honda ATV, and got a major award. |
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Posture: |
Award for Oberg at trial, reduced somewhat due to contributory
negligence. Appeal by Honda. |
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Issue: |
Is judicial review necessary in order to prevent punitive damage
awards from being so grossly excessive that they violate
due process? |
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Holding: |
Yes. That amendment violates 14A's due process clause. |
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Rule: |
Punitive damage awards can violate due process, and we can't have that. |
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Reasoning: |
We need procedural safeguards when there's a risk of things running
amok. Juries have the potential to run amok. We can review
the legality of their findings, but even though the findings
are correct, the amount of the award can still be flagrantly
crazy. We require, therefore, the capability to limit amounts. |
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Dicta: |
Ginsburg (dissenting): the fact that clear-and-convincing evidence
of wanton conduct is required for punitive damages is a
sufficient guard to protect non-egregious offenders. |
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