Quote:
Originally Posted by dkgojackets
well yeah, this is the lol. juries acting based on FEELS. isnt there actual law that should matter? people arent surprised, the system is ******ed.
oh, I would want to discourage actions that cause deaths and dismemberments
thread was inevitably going to become the usual type of "debate" where ANY SORT OF DISAGREEMENT with a decision that favors andrews MUST MEAN you are against her getting anything. is there any number high enough to be worth loling at and opining "that seems excessive"? or does the fact that it doesnt actually correlate to the real cash money she gets just mean we should lol at everyone
Nah, you're not understanding my post at all.
The law IS that PUNITIVE damages are NOT compensatory - NOT dollar for dollar for loss. They are intended to deter future conduct, not just by the Defendants, but by others. That IS law, and it DOES "matter," and it did "matter" in this case.
The liability for COMPENSATORY damages - whatever her estimated emotional suffering, medical / therapy bills, brand, right of publicity, wage loss, etc. were - is also determined by law, but different law. That's in the award as well.
The law you're looking for to reduce this amount is the Due Process clause of the Constitution. I said this will get appealed. It will. The appeal will be about the amount of the punitive damages award. The appeal will say that the award is wildly outsized compared to the alleged conduct and compared to whatever the compensatory award was (I can't find an article that identifies how much of the award was compensatory and how much punitive). If the ratio is like 150:1 or something (or even 10:1 in some cases), this award will probably be reduced, but it's complicated by the fact that the conduct IS, at least as to the individual defendant, completely indefensible. I predict it will be reduced as to the hotel and the pervert won't even bother because he's broke and unrecoverable anyway.
The thing is, you guys who are mad about the amount need to understand what the amount's purpose is
before you get all pissed that it's not fair that she gets "compensated" more than someone in a terrible act of negligence or something. The entire POINT is that she's NOT being COMPENSATED; the punitive damages are a STATEMENT. They are logically distinct - entirely distinct - from the cases where someone loses a leg in a car accident and gets $1.7M or whatever. Unless there were PUNITIVE damages for the car accident, you can't even compare them because the award was expressly limited to NOTHING MORE THAN a dollar for dollar compensation for actual loss.
Your second red statement above is troubling. We
do discourage death and dismemberment, depending on how it happened. Was it a freak accident? If so, punitives are totally unfair, right? What conduct are you deterring? If not, if the harm was intentional, then there WILL be punitives (if the jury finds them justified). Then what?
The other thing is you guys are talking about this as if people who have their arms meticulously and intentionally sawed off by some evil corporation get $1M, while naked chicks get $55M. I'd say you've erected an enormous straw man to get mad about, because PUNITIVE DAMAGES cases need to be compared to other PUNITIVE DAMAGES cases.
I do understand that at a fundamental level it DOES feel like $55M for being taken advantage of in this manner seems enormous compared to insurance companies paying out death compensation based on actuarial valuations of human life at like $3.2M, but the flipside is that the insurance company is valuing a loss (quite callous). The jury in this case is valuing its own outrage.
If what you're mad about is THIS JURY'S AWARD, then I mean, okay, lol this jury? The argument then HAS to be that this punitive award is too high. Okay, so what? The reason it's too high has NOTHING TO DO with comparing it to compensatory cases.
Also, if what you're mad about is THIS JURY'S AWARD, then what change are you advocating for? Different jurors? No juries? They're kind of a Constitutional right. . .