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So it has in common with lobster only reprehensibility of character.
He said the most important question was "the degree of reprehensibility" of Exxon's conduct.
Under California law, punitive damages are supposed to factor in the reprehensibility of the crime but also should bear some resemblance to the defendant's worth.
Justice Breyer acknowledged that harm to others can serve as a measure of reprehensibility, and that jurors will necessarily consider it.
Very moralistic, she often tries to get her family to uphold certain virtues and nags at them for any unwholesomeness or reprehensibility.
The Supreme Court's precedents have referred to "reprehensibility" as a factor to consider in evaluating a punitive damages award.
'If there are degrees of reprehensibility, however, China wins hands down' because the organs are coming from the executed...'."
"The jury obviously focused on the reprehensibility of the conduct," he said, "particularly in view of the fact that he's not going to be punished anywhere else."
It did say courts reviewing punitive damage awards should consider the "degree of reprehensibility" and the ratio between punitive and compensatory damages.
"In a spectrum of reprehensibility," what Thomas-Rasset and Tenenbaum had done was minor, the copyright equivalent of jaywalking.
The latter marks the conclusion of the colonisers' internal debate about the acceptability or reprehensibility of the practices of polygyny and lobolo (bridewealth).
BR 4, 19. proverb, something else which the.says must not be told of afterwards, i.e. a kiss, a reference to the traditional proverb about the reprehensibility of kissing and telling.
They include the reprehensibility of the conduct being punished, the ratio between compensatory and punitive awards and the difference between the punitive award and any relevant civil or criminal sanctions.
The first was the "degree of reprehensibility of the defendant's conduct": whether the behavior had put people's health or safety at risk, for example, or whether there was evidence of bad faith.
The three factors are the reprehensibility of the conduct, the harm to the victim, and a comparison between the jury award and the civil or criminal penalties state law imposes for comparable misconduct.
Union Pacific appealed, but the Arkansas Supreme Court upheld the verdict this year in a blistering opinion that said Union Pacific behaved with a "high degree of reprehensibility."
He held that it was contrary to common sense that a person who receives property as a gift could be said to be acting dishonestly, regardless of the moral reprehensibility of accepting it.
The issue is complicated because, under the Supreme Court's precedents, the "reprehensibility" of a defendant's conduct is a factor that a jury is explicitly directed to consider in setting a punitive damages award.
In this case, Philip Morris argues in its appeal, the Oregon court improperly permitted its conclusion on reprehensibility to "override the constitutional requirement that punitive damages be reasonably related to the plaintiff's harm."
In awarding punitive damages, a California jury must first consider the reprehensibility of the defendant's action, then seek to agree on an amount that fits the crime but that also bears a rational relationship to the financial worth of the defendant.
That is why the reprehensibility of homicide has always been based on a scale, moving from complete justification at one end (self-defence) to omission (ie failure to fulfill a legal duty) to recklessness to intentional cold blooded murder at the other.
The court reasoned that it may not have given sufficient weight to the degree of reprehensibility of BMW's conduct, and selected the $50,000 as in the range of other Alabama verdicts in cases of repaired cars being sold as new.
"The jury, proceeding on the collective sum of their experiences, appear to have worked their way to dollar amounts that reflect the jurors' assessment of the reprehensibility of the club's conduct and what it will take to deter like conduct in the future by the club."
While determining the reprehensibility of Philip Morris's actions, the court considered the length of the misinformation campaign and the number of people it had reached, concluding that its actions were so reprehensible that they justified punitive damages 97 times greater than the actual damages.
Judge Andrew J. Kleinfeld, in writing the unanimous decision, noted that Exxon mitigated its reprehensibility by spending more than $2 billion to remove the oil from the water and adjacent shores, "and even from the individual birds and other wildlife dirtied by the oil."