IDEAS home Printed from https://ideas.repec.org/a/wly/empleg/v3y2006i1p175-195.html
   My bibliography  Save this article

The Significant Association Between Punitive and Compensatory Damages in Blockbuster Cases: A Methodological Primer

Author

Listed:
  • Theodore Eisenberg
  • Martin T. Wells

Abstract

This article assesses the relation between punitive and compensatory damages in a data set, gathered by Hersch and Viscusi (H‐V), consisting of all known punitive damages awards in excess of $100 million from 1985 through 2003. It shows that a strong, statistically significant relation exists between punitive and compensatory awards, a relation that replicates similar findings in nearly all other analyses of punitive and compensatory damages. H‐V's claim that no significant relation exists between punitive and compensatory awards in these data appears to be an artifact of questionable regression methodology.

Suggested Citation

  • 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.
    • Handle: RePEc:wly:empleg:v:3:y:2006:i:1:p:175-195
    DOI: 10.1111/j.1740-1461.2006.00067.x
    as

    Download full text from publisher

    File URL: https://doi.org/10.1111/j.1740-1461.2006.00067.x
    Download Restriction: no
    File URL: https://libkey.io/10.1111/j.1740-1461.2006.00067.x?utm_source=ideas
    LibKey link: if access is restricted and if your library uses this service, LibKey will redirect you to where you can use your library subscription to access this item
    ---><---

    Citations

    Citations are extracted by the CitEc Project, subscribe to its RSS feed for this item.
    as


    Cited by:

    1. Michael Heise, 2013. "Empirical Analysis of Civil Litigation: Torts Trials in State Courts," Chapters, in: Jennifer H. Arlen (ed.), Research Handbook on the Economics of Torts, chapter 1, pages 11-30, Edward Elgar Publishing.
    2. Roth, Louise Marie, 2023. "Defensive versus evidence-based medical technology: Liability risk and electronic fetal monitoring in low-risk births," Social Science & Medicine, Elsevier, vol. 317(C).
    3. Theodore Eisenberg & Thomas Eisenberg & Martin T. Wells & Min Zhang, 2015. "Addressing the Zeros Problem: Regression Models for Outcomes with a Large Proportion of Zeros, with an Application to Trial Outcomes," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 12(1), pages 161-186, March.
    4. 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.
    5. Alison F. Del Rossi & W. Kip Viscusi, 2009. "The Changing Landscape of Blockbuster Punitive Damages Awards," American Law and Economics Review, American Law and Economics Association, vol. 12(1), pages 116-161.
    6. David A. Hyman & Bernard Black & Kathryn Zeiler & Charles Silver & William M. Sage, 2007. "Do Defendants Pay What Juries Award? Post‐Verdict Haircuts in Texas Medical Malpractice Cases, 1988–2003," Journal of Empirical Legal Studies, John Wiley & Sons, vol. 4(1), pages 3-68, March.
    7. Dove John A. & Dove Laura R., 2020. "US State Tort Liability Reform and Entrepreneurship," Review of Law & Economics, De Gruyter, vol. 16(3), pages 1-45, November.

    More about this item

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:wly:empleg:v:3:y:2006:i:1:p:175-195. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Wiley Content Delivery (email available below). General contact details of provider: https://doi.org/10.1111/(ISSN)1740-1461 .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.