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Culture War Roundup for the week of August 7, 2023

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The part that is most confusing to me is the truly astounding size of the awards. They seem to be several orders of magnitude larger than the actual alleged harm. How is being fired from one job as bad as losing several lifetimes' worth of income in one of the highest cost of living areas in the world? How is a single person not being demoted worth the lifetime earnings of a small village?

In the FedEx case, the judge's instructions to the jury (page 15 of the PDF) include a two-page explanation of the rationale underlying punitive damages.

The purpose of punitive damages is to punish and deter, not to compensate.

If you decide to award punitive damages, the following factors may guide you in fixing the proper amount:

  1. The reprehensibility of the defendant's conduct, including but not limited to whether there was deceit, cover-up, insult, intended [injury,] or reckless injury, and whether the defendant's conduct was motivated by a desire to increase profits or punish the plaintiff;
  2. The ratio between the punitive damages you are considering awarding and the amount of harm that was suffered by the plaintiff or with which the plaintiff was threatened;
  3. The possible civil sanctions for comparable conduct.

(Bonus: During deliberation, the jury asks for a calculator)

I have a feeling the jury was financially illiterate and decided to fine them like "10% of profits" or something (their net income is like $3.5bn a year).

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