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Your location: Jury Center :: Juries In-depth :: Jury Powers
Statutory limits on juries’ ability to award
damages in tort cases
In addition to the due process limits on punitive damages that exist by virtue
of Supreme Court cases, legislatures in some states have enacted “caps” on
punitive damage awards, and/or on non-economic damages like “pain and
suffering.” These measures are part of a larger “tort reform” agenda that is
premised on the belief that juries have a tendency to award unfair and
economically disastrous amounts of damages, at least occasionally. When such
caps are imposed in a state where there is a constitutional right to a jury
trial in a civil case, plaintiffs are likely to contest the constitutionality of
the cap on the ground that it denies them a full right to a jury trial. For a
website that keeps a state-by-state list of tort reforms and cases challenging
their constitutionality, go to www.atra.org.
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