PAST ARTICLES AND EDITORIAL BOARDS Volume V, No. 2 - 1997
PUNITIVE DAMAGES IN LIGHT OF BMW OF NORTH AMERICA, INC. v. GORE: A
CRY FOR STATE SOVEREIGNTY
Comment
Christine D'Ambrosia
5. J.L. & Pol'y 577 (1997)
The Supreme Court's decision in BMW of North America, Inc. v. Gore imposed a limitation on award of punitive damages in product liability actions. The Court held that an excessive award of punitive damages violates the party's right to due process and is thus unconstitutional. Thus, the Court changed what has traditionally been a state issue into a federal one.

The author argues that despite the Supreme Court's decision, the power to decide on issues of punitive damages was not usurped from the states. She concludes that the decision struck a balance between fair notice and state sovereignty, and between tort reform and consumer activism, while preserving the purpose of punitive damages -- namely, to prevent and deter future misconduct.