Bush Administration Judiciary Successful In Reducing Billion Dollar Punitive Damage Verdicts - A Philadelphia Product Liability Lawyer Weighs In
When George Bush took office 8 years ago, he made no secret of his disdain for trial lawyers and his preference for corporate interests. Eight years later, the economy is in distress, individuals’ rights have been violated and more unsafe products continue to flood the market causing catastrophic injuries and deaths. According to a Bloomberg news article published on January 8, 2009 “The billion dollar jury verdict has disappeared from U.S. court rooms. Because of changes in legal rulings, punitive damage verdicts can be thrown out if they exceed actual damages; therefore, the diminished threat of high punitive damages has benefited corporate defendants by taking away the incentive to settle out of court.
The U.S. Supreme Court has chipped away at punitive damages for several years, most recently with its decision in the Exxon Valdez oil spill case where it will replace a $2.5 billion punitive damage award with one for $570 million
Punitive damages are those damages in addition to compensatory damages which are not awarded to compensate the plaintiff but to reform or punish the defendant or deter the defendant and similar persons from pursuing a course of action such as that which damaged the plaintiff. In most instances, punitive damages are awarded where the compensatory damages or monetary damages are deemed an inadequate remedy. I have always been a believer that civil trial lawyers are the unsung heroes of society and silently police the system. Punitive damages allowed the system to address and compensate for unpoliced and undetectable torts and took some of the strain away from the criminal justice system.
While much has been spoken about punitive damages, they were only awarded in special or egregious cases where the defendant’s conduct was egregiously insidious. The mitigation of punitive damages by the Bush judiciary has been applauded by many conservatives who claim that the civil justice system was a “litigation lottery.” In fact, nothing has been further from the truth. Most of time after punitive damages were awarded, they are reduced or overturned on appeal. Yet, the startling dollar figures of the McDonald’s case or the Exxon Valdez case are still cited as the classic mandate for tort reform. I have been attacked by conservative groups for my past blogs and articles because of my beliefs and yes, the lawyers and the conservatives can bedazzle anyone with fancy footwork and statistics. However, I do believe in the jury system and the ability of individuals and the courts to protect consumers and injured workers without giving irresponsible corporations “get out of jail free cards.”
The efforts by the Bush administration judiciary to limit damages has significantly left individuals with minimal rights or restitution caused by irresponsible corporations and have stacked the deck against them.
I have always practiced law with the belief and understanding that trial lawyers compliment the regulatory system and criminal law system and confidently hope and believe that yes the pendulum will swing again to a more just system of compensation for injured individuals under the new administration.
The Pennsylvania catastrophic injury lawyers of the Pennsylvania personal injury and product liability law firm of Reiff and Bily are committing to aggressively representing the rights of individuals injured by defective products and believe that the roadways to the courts and justice should be kept open without Federal interference.
