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Publications
Evaluating Punitive Damages
California Lawyer
June 2010
By:
Mark Hancock,
Steven Wasserman
This article by Steven Wasserman and Mark Hancock addresses this question: How much is too much, when it comes to a punitive damages verdict? Both the U.S. Supreme Court and the California Supreme Court have provided considerable guidance on this important issue.
In any case where the possibility of punitive damages exists, counsel must know the standards governing when such awards are appropriate and how much can be awarded consistent with due process principles. Armed with that knowledge, lawyers can properly evaluate the risks involved; fairly assess the evidence offered regarding each of the governing factors; make appropriate motions; and prepare correct jury instructions.
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