Reflecting On The 20th Anniversary Of BMW V. Gore

Law360, New York (May 19, 2016, 7:08 PM EDT) -- Andrew Frey

Evan Tager

David Cordero On May 20, 1996, the U.S. Supreme Court issued its decision in BMW of North America Inc. v. Gore, holding that a $2 million punitive damages award imposed for a tort that caused $4,000 in economic harm was unconstitutionally excessive. In the ensuing 20 years, the decision has proved to be a foundational case in punitive damages jurisprudence. It has been cited in hundreds, if not thousands, of lower court decisions; it has been the subject of dozens of scholarly articles; and it is featured in virtually every tort and remedies case book used in...

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