. Moreover, both Jurisdiction Stripping and U.S.
Throughout the past two decades, the United States Supreme Court has gradually formed several procedural and substantive protections under the Fourteenth Amendment's Due Process Clause (1) limiting the size of punitive damages a State can award against civil defendants
. (2) The Court has made it clear that the catalyst for the recent constitutional doctrine stems from its concern towards punitive damages that "run wild." (3) What has not been as clear is what prior constitutional authority the Court has drawn from when creating these new rules.
The civil defendant
will likely face suits by classes of indirect purchasers in the 20 states that permit such actions.
Indeglia said Rhode Island has "seldom, if ever, afforded criminal or civil defendants
greater protections" than those afforded under the Fifth Amendment.
Many people presume that criminal defendants have more protections than civil defendants
, given that their liberty is at stake, Peirce said.
While Table 3 shows that the overall number of civil defendants
Namely, that courts should take great care to afford due process rights to civil defendants
exposed to punitive damage claims.