Rollover Economics

Another jury verdict, another arbitrary multimillion-dollar award. Unbounded noneconomic damages are distorting the legal system by undermining constitutional and legal caps on punitive damages and by encouraging plaintiffs’ lawyers to pursue cases of questionable merit. The problem is exacerbated by evidentiary rules that emphasize gamesmanship over truth. Noneconomic damages should be capped and objective safety standards established in order to provide a safe harbor for manufacturers from unfair liability.

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