Collo vs McDo

Legal concepts

Punitive damages

Damages that compensate nothing: they punish and deter. The US Constitution limits their amount — this is what was at stake in the scalding coffee case.

In brief

  • Distinct from compensatory damages, which make good the loss. Punitive damages punish and deter.
  • Restricted since 1996 by the due process clause of the 14th Amendment: a “grossly excessive” amount is unconstitutional.
  • BMW v. Gore (517 U.S. 559, 1996) sets three criteria: degree of reprehensibility, ratio to compensatory damages, comparison with the statutory penalties that could be imposed.
  • State Farm v. Campbell (538 U.S. 408, 2003): “few awards exceeding a single-digit ratio between punitive and compensatory damages” will satisfy due process.
  • A ratio of 4 to 1 is already close to the constitutional limit.

Punitive damages are the part of American law most misunderstood in Europe, and the one that produces the figures that make the headlines. The jury sets an amount intended to hit the company; the higher courts then reduce it, sometimes massively.

The case of Stella Liebeck is the exact illustration of the mechanism, and of its distortion by the media. The jury awarded 2.7 million dollars in punitive damages; the judge reduced them to 480,000 dollars, bringing the total to around 640,000 dollars. The figure that stuck in people's minds — “millions for spilled coffee” — is precisely the one the courts corrected.

The courts' reasoning is not moral, it is constitutional: a disproportionate penalty deprives the defendant of fair notice of what it risks.

Sources

External sources.

  1. BMW of North America, Inc. v. Gore, 517 U.S. 559 (1996) — Cornell Legal Information Institute
  2. State Farm Mutual Automobile Ins. Co. v. Campbell, 538 U.S. 408 (2003) — Cornell Legal Information Institute

Where this comes up in the case file

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