Tuesday, May 28, 2013

The Injustice of Artificial Caps in Jury Verdicts




The Des Moines Register ran a great editorial  on May 18, 2013 that looked at jury verdict caps in light of the Henry’s Turkey Service case. In the editorial, the Register noted that the Congressionally mandated statutory caps in federal EEOC cases reduced the compensatory and punitive damages awarded to each plaintiff in the case from $7.5 million to $50,000. Given the evidence presented at the trial, this reduction was unjust. The Register makes a great point that these verdict caps undercut the inherent wisdom of juries and undermines the crucial deterrent effect that punitive damages create.  If the Iowa state legislature again wants to consider verdict caps in medical malpractice cases they need only look to the Henry’s Turkey Service case to see the injustice created by this “one size fits all” approach to our civil justice system.

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