For Your Data Bmw V. Gore Representative Brief Summary
February 21, 2019
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BMW v. Gore illustration brief summary
Three guideposts inwards reviewing constitutionality of punitive damages:
- the score of reprehensibility of the defendant's misconduct
- Harm caused was physical equally opposed to economic
- Conduct showed an indifference or disregard to health/safety of others
- Target of the deport had a fiscal vulnerability
- Conduct involved repeated actions rather than isolated incident
- Harm due to intentional malice, trickery or deceit, rather than mere accident
- the disparity betwixt the actual or potential harm suffered past times P together with the punitive damages award--multiplier
- the departure betwixt the punitive damages awarded past times the jury together with the civil penalties authorized or imposed inwards comparable cases (Also run across Souter inwards Exxon)
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