Published in vol. 3, no. 2 (July 2006) of Journal of Empirical Legal Studies.
We analyze thousands of trials from a substantial fraction of the nation's most populous counties. Evidence across ten years and three major datasets suggests that: (1) juries and judges award punitive damages in approximately the same ratio to compensatory damages, (2) the level of punitive damages awards has not increased, and (3) juries' and judges' tendencies to award punitive damages differ in bodily injury and no-bodily-injury cases. Jury trials are associated with a greater rate of punitive damages awards in financial injury cases. Judge trials are associated with a greater rate of punitive damages awards in bodily injury cases.
Date of Authorship for this Version
Punitive damages, Juries
Eisenberg, Theodore; Hannaford, Paula L.; Heise, Michael; LaFountain, Neil; Ostrom, Brian; Wells, Martin T.; and Munsterman, G. Thomas, "Judges, Juries, and Punitive Damages: Empirical Analyses Using the Civil Justice Survey of State Courts 1992, 1996, and 2001 Data" (2006). Cornell Law Faculty Publications. Paper 30.