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Given the "low to moderate reprehensibility of GEICO's conduct" and the "disparate ratio" between King's actual harm and the punitive damages award, the circuit court applied a four-to-one ratio and directed the district court to remit the punitive damages award to $1,064,282.
not simply to determine reprehensibility, but also to punish for harm
243) Showing knowledge of the moral reprehensibility of a defendant's behavior would be insufficient to show awareness of wrongfulness.
more finely calibrated scale of reprehensibility ensures that
9) Thus, the Due Process Clause requires states to provide juries with adequate legal guidance, and to use procedural tools that ensure juries are accounting for the harm caused to nonparties to determine reprehensibility only, and not to punish the defendant for such harm to nonparties.
75) The Williams Court, per Justice Breyer, directly addressed the issue and held that a jury may not punish a defendant for harms caused to others but that it may consider such conduct in determining reprehensibility.
Suffice to say the charming words that paint the Boycott of Israeli Settlements built on occupied Palestinian Territory as being hypocritical, against dialogue and damaging to attempts at building bridges is unfortunately quite effective despite its reprehensibility.
203) The moral reprehensibility of hate-based systematic genocide cannot and is not to be understated.
78) Moreover, the Court set three guideposts to determine whether an award violates due process: "the degree of reprehensibility of the [conduct in question]; the disparity between the harm or potential harm suffered by [plaintiff] and his punitive damage award; and the difference between this remedy and the civil penalties authorized or imposed in comparable cases.
257) The BMW Court ruled that the excessive punitive damages award violated BMW's due process rights and articulated a new test for excessive punitive damages based upon three guideposts: (1) "the degree of reprehensibility of the [defendant's conduct];" (2) "the disparity between the harm or potential harm suffered by [the plaintiff] and [the] punitive damages award;" and (3) "the difference between this remedy and the civil penalties authorized or imposed in comparable cases.
They are the degree of reprehensibility of the defendant's conduct; the ratio between the plaintiff's compensatory damages and the amount of punitive damages; and the difference between the punitive award and the civil or criminal sanctions that could be imposed for comparable misconduct.
Because the ultimate crime is the persuasion, inducement, enticement, or coercion rather than the sex act in which the minor is being persuaded to engage, the relevant question is how close the defendant has come to completing that persuasion, inducement, enticement, or coercion--not the reprehensibility of the illegal sex act.