Damages Recap


In-Class Exercise

Oral argument: Appealing a Punitive Damages Award


Two Legal Tests

State Farm Anything outside of single digit ratio of punitive to compensatory damages is presumed unreasonable.

BMW v. Gore

  1. Reprehensibility
  2. Disparity between compensatory and punitive damages
  3. Difference between punitive damages and civil penalties

Other Remedies

Nominal damages & declaratory judgment

Equitable relief


Outlining


Goals for reading cases

  1. Grasp the internal logic and mechanics of the case.
  2. Synthesize within a broader context.

Goals for outlining

Creating and studying an outline should help you to:

  1. Spot issues on the exam
  2. Resolve issues methodically and comprehensively

Outline for damages