For The Defense, December 2011 - DRI Today

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may decide that failing to take this action constitutes more reprehensible conduct— particularly if a defendant knew that the product was, in fact, defective, and did not try to make the product safer. Conclusion The U.S. Supreme Court’s project of establishing constitutional rules for punitive damages awards is not yet complete. The law particularly needs to resolve the mis- 86 ■ For The Defense ■ December 2011 match between the factors that the Court has identified for assessing reprehensibility in economic tort cases with the typical facts at issue in product liability cases. The work must begin in the lower courts. In states where juries have the first-line responsibility to ensure that reasonable punitive damages verdicts prevail, trial courts should take the first step of providing suitable instructions that recast the reprehensibility factors along the lines outlined above. If juries return verdicts that include punitive damages awards, both trial courts and appellate courts should review those verdicts, taking manufacturers’ design and post- design conduct into account. And counsel must attempt to convince these courts that they should not reflexively use a set of factors that the U.S. Supreme Court never intended as exclusive and applicable to all cases, and which, in product liability cases, at least, are a poor fit. Rapid
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22 ■ For The Defense ■ December
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pRoFessIonAl lIAbIlITy Sidestepping
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PROducT LIabILITy Past Is Prologue
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Product LiabiLity specific faciliti
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Product LiabiLity the two types of
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Product LiabiLity sive, albeit inco
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Professional liability The Times Th
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Page 50 and 51: TRuckIng Law From the Chair By Kurt
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Page 60 and 61: Trucking Law A driver’s refusal t
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Page 91 and 92: Pennsylvania Bonnie S. Stein, Morri
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For The Defense, December 2011 - DRI Today

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