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Shifting the Fat‐Tailed Distribution of Blockbuster Punitive Damages Awards

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  • W. Kip Viscusi
  • Benjamin J. McMichael

Abstract

The distribution of blockbuster punitive damages awards has fat tails similar to the distributions of losses from natural disasters. Extremely large awards occur more often and are more difficult to predict than if blockbuster awards were distributed normally. The size and predictability of awards are important factors in the U.S. Supreme Court's decisions on punitive damages. This article examines the effect of the Court's decision in State Farm v. Campbell on blockbuster punitive damages awards. State Farm shifts the fat tail of the distribution of blockbuster awards down (or “thins” the tail), which is consistent with a restraining effect on award size. State Farm reduces the size of blockbuster awards in general, but this reduction is most salient in the upper half of the distribution of awards. State Farm also has a negative influence on the probability of exceeding a single‐digit ratio between punitive and compensatory damages. This article also examines the largest awards and considers why defendants may not pay large punitive damages awards.

Suggested Citation

  • W. Kip Viscusi & Benjamin J. McMichael, 2014. "Shifting the Fat‐Tailed Distribution of Blockbuster Punitive Damages Awards," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 11(2), pages 350-377, June.
    • Handle: RePEc:wly:empleg:v:11:y:2014:i:2:p:350-377
    DOI: 10.1111/jels.12043
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    References listed on IDEAS

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    1. Viscusi, W. Kip & Zeckhauser, Richard J., 2011. "Deterring and Compensating Oil Spill Catastrophes: The Need for Strict and Two-Tier Liability," Working Paper Series rwp11-025, Harvard University, John F. Kennedy School of Government.
    2. Theodore Eisenberg & Martin T. Wells, 2006. "The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 3(1), pages 175-195, March.
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    4. Halvorsen, Robert & Palmquist, Raymond, 1980. "The Interpretation of Dummy Variables in Semilogarithmic Equations," American Economic Review, American Economic Association, vol. 70(3), pages 474-475, June.
    5. Hai-Chin Yu & Ming-Chang Huang, 2004. "Statistical properties of volatility in fractal dimensions and probability distribution among six stock markets," Applied Financial Economics, Taylor & Francis Journals, vol. 14(15), pages 1087-1095.
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