A GJ Advances article.

Abstract

American lawyers who live in Europe will often note that they find themselves in the line-of-fire of their European colleagues who expect them to explain the sometimes bizarre twists of law and politics in the U.S.A. This article deals with one of many topics which arise in these discussions, the topic of punitive damages. Unfortunately, the U.S. system of laws regarding punitive damages is widely misunderstood. It is the author’s proposition that much of the misunderstanding in Europe can be traced to examples in the European press. Here, there is a tendency to take highly publicized trial-level decisions, extrapolate from them, and incorrectly interpret them as a full function of U.S. law. This phenomenon is not unlike the many “urban legends” which have recently given rise to many popular books and web sites on urban legends. The article discusses the facts and dispels many of these cases, notably the fictional pet in microwave case, and the “real” but legally irrelevant McDonald’s coffee spill case. Examples of false reports in the European press are discussed. To help bring clarity to the topic of punitive damages, the author discusses in detail the case law arising from the U.S. Supreme Court case BMW v. Gore. This Supreme Court decision demonstrates that there are legally binding standards in the U.S. for the application of punitive damages. The author proposes that the case of BMW v. Gore is a much better example of the full-functioning of the U.S. legal system than the far more popular McDonald’s case and others which make sensational headlines, but which have no jurisprudential value.

Originally published in Global Jurist Advances.

Recommended Citation

Ryan, Patrick S. (2003) "Mc Do, Café Brűlant, et un Animal Domestique dans le Four ŕ Micro-ondes : une Reconsidération de la Notion Américaine des Dommages Exemplaires," Global Jurist Advances: Vol. 3 : Iss. 1, Article 3.
Available at: http://www.bepress.com/gj/advances/vol3/iss1/art3