Yetter Coleman partners Susanna Allen and Grant Martinez have authored an insightful article on exemplary damages and constitutional limits on damages, published in the Fall issue of The Advocate, a publication of The Litigation Section of the Texas Bar.
The article provides a comprehensive overview of the complex landscape surrounding punitive damages, addressing both federal constitutional requirements and Texas-specific statutory standards.
Allen and Martinez navigate the multi-factor tests courts use to determine the constitutionality of exemplary damages awards, including the degree of reprehensibility, the disparity between actual and punitive damages, and comparability to civil or criminal penalties.
Key highlights include:
- An analysis of the U.S. Supreme Court’s guidance on punitive damages ratios.
- Discussion of potential future developments in punitive damages jurisprudence.
- Detailed explanation of Texas statutory requirements for exemplary damages.
- Special considerations for proving exemplary damages against corporations.
- Insights on discovery challenges related to a defendant’s net worth.
