Damages

Question 1

Examples of pecuniary damages

Answer 1

Lost wages, medical bills, property repair

Question 2

O’Shea holding

Answer 2

Prior wages don’t cap lost future wages, discount for present value but account for inflation raises in future wages

Question 3

O’Shea is about

Answer 3

Complications in lost future wages

Question 4

O’Shea reasonin

Answer 4

Unlikely to find another job

Question 5

RST economic damages

Answer 5

Can recover for all harm (present and future) caused by tort if reasonable certainty of proof

Question 6

Feldman rule

Answer 6

Can recover both economic and non economic damages but must be separate in calculation

Question 7

Feldman holding

Answer 7

Loss of earnings for child rearing years only to extent Ct find she would’ve worked BuT otherwise award for those years in lost enjoyment of life activities

Question 8

Non economic damages are

Answer 8

Kind market struggles with (pain and suffering)

Question 9

McMillan holding

Answer 9

Can’t use race based life expectancy data in calculating reduced life expectancy for damages

Question 10

McMillan reasonin

Answer 10

Perpetuate exisiting biases, biological fiction, constitutional concerns

Question 11

McDougald holding

Answer 11

Cognitive awareness required to recover for lost enjoyment of life, no separate instruction for PS vs lost enjoyment

Question 12

McDougald reasoning

Answer 12

Damages to compensate not punish, if no awareness no utility to p

Question 13

McDougald paradox

Answer 13

Injure more smaller recovery

Question 14

US v, CB&I

Answer 14

Liable for damages for intangible environmental harms + other harms

Question 15

Punitive damages usually only when

Answer 15

Bad intent or bad state of mind (civil procedure not as protective as criminal)

Question 16

Kemezy holding A

Answer 16

Punitive damages justified when harms intangible/hard to compensate

Question 17

Kemezy holding B

Answer 17

No overdeterrence concern because egregious behavior

Question 18

Kemezy holding C

Answer 18

Important to signal abhorrence

Question 19

Kemezy holding D

Answer 19

Necessary incentive against torts with low compensatory value or when tortious act concealable/lower chance of getting caught

Question 20

Kemezy reasoning

Answer 20

Wealth irrelevant to CD but relevant to PD because how much loss hurts D depends on wealth

Question 21

Kemezy says it is not P

Answer 21

Burden to produce evidence of D wealth (systematically bad for Ds with deep pockets)

Question 22

State Farm rule

Answer 22

Must consider reprehensibility, disparity between CD and PD, and disparity between PD and civil penalties in comparable cases

Question 23

State Farm holding

Answer 23

Ratio of PD to CD too big (145:1)

Question 24

State Farm reasoning

Answer 24

PD raise due process concerns and prohibits excessive/arbitrary punishments (no notice of possibility)

Question 25

Philip Morris holding

Answer 25

Cannot use PD to punish D for injury to non parties or to those to whom they directly represent and to whom they do not have opportunity to present every available defense

Question 26

Goals of damages

Answer 26

CJ: make whole, CQ deter, both signal