Tag: Punitive Damages

Embedded Aggregation in Civil Litigation

Richard A. Nagareda - Vanderbilt University Law School

In debates over civil litigation, class actions have long garnered considerable attention.  Controversy continues to rage over efforts to certify class actions in the face of objections from defendants.  Debate also swirls over their use as a vehicle for settlement, with the defendant’s consent.  All of this ferment suggests that… Read More »

Through the Looking Glass: A Response to Professor Dan Markel’s Retributive Damages

Sheila B. Scheuerman - Charleston School of Law

This Editorial is a response to Dan Markel’s Legal Workshop Editorial: Retributive Damages as Intermediate Public Sanctions: A Synopsis.
In Retributive Damages: A Theory of Punitive Damages as Intermediate Sanction, Professor Markel intentionally situates his… Read More »

Retributive Damages as Intermediate Public Sanctions: A Synopsis

Dan Markel - Florida State University College of Law

Punitive damages’ complex and rapidly evolving nature has unsurprisingly attracted the attention of scholars from a variety of disciplines.  But what are punitive damages for?  In terms of normative answers, a number of scholars, such as Professors Polinsky and Shavell, think that extra-compensatory damages should focus on advancing the goal… Read More »