Excessive Damage Review in the Fifth Circuit: The Conflict and Quagmire Continue

Date

2012

Journal Title

Journal ISSN

Volume Title

Publisher

Texas Tech Law Review

Abstract

Focal point of the conflict is the "case comparison methodology," according to which the damages challenged as excessive are compared to damage findings in prior cases within the relevant jurisdiction to determine excessiveness.

Description

Keywords

Excessive damages, Fifth Circuit, Case comparison methodology, Fifth Circuit's internal conflict over the method of resolving excessive damage challenges, Quagmire of conflicting principles and decisions

Citation

Lawrence James Madigan, Excessive Damage Review in the Fifth Circuit: The Conflict and Quagmire Continue, 45 Tex. Tech L. Rev. 453 (2012-2013)