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TIME: Almanac 1995
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<text id=91TT0556>
<title>
Mar. 18, 1991: A Blow To Big Business
</title>
<history>
TIME--The Weekly Newsmagazine--1991
Mar. 18, 1991 A Moment To Savor
</history>
<article>
<source>Time Magazine</source>
<hdr>
LAW, Page 71
A Blow to Big Business
</hdr><body>
<p>The Supreme Court upholds a punitive $1 million jury verdict
</p>
<p> On Jan. 23, 1982, Cleopatra Haslip was admitted to a
hospital emergency room. While the diagnosis was disturbing--a kidney infection--Haslip rested more easily knowing that
her insurance policy would cover her medical expenses. But she
soon discovered that the insurance agent, Lemmie Ruffin, had
pocketed her payments, leaving her with no protection. Haslip,
a mother of five who made $8,800 a year as an employee of
Roosevelt City, Ala., found herself stuck with $3,500 in
medical bills. As a result, her credit rating was ruined and she
was successfully sued by her doctor. Enraged, Haslip filed a
lawsuit against Ruffin and his employer, Pacific Mutual Life
Insurance Co. The jury was more than sympathetic: it found that
Pacific Mutual had reason to suspect Ruffin's fraud, and
awarded Haslip $1 million, including $840,000 in punitive
damages.
</p>
<p> In a decision that business groups found crushing, the
Supreme Court last week upheld Haslip's judgment. The court
found by a 7-to-1 vote that the large punitive-damage award
against the insurance company did not violate the 14th
Amendment's due-process clause. Writing for the majority,
Justice Harry Blackmun conceded that "unlimited jury discretion...in the fixing of punitive damages may invite extreme
results that jar one's constitutional sensibilities." But,
Blackmun concluded, "we need not, and indeed we cannot, draw a
mathematical bright line between the constitutionally
acceptable and the constitutionally unacceptable that would fit
every case."
</p>
<p> Although business groups have met with failure in earlier
attempts to seek relief from the court, they were heartened by
indications that, given an appropriate case, the Justices might
rule in their favor. Their disappointment last week was shared
by Justice Sandra Day O'Connor. "Juries are permitted to target
unpopular defendants, penalize unorthodox or controversial
views, and redistribute wealth," she wrote in a dissenting
opinion. "Multi-million-dollar losses are inflicted on a whim."
</p>
<p> The weight of the decision fell most heavily on Big Business
and the insurance industry, which pays most punitive judgments.
In all, 80 industry and professional organizations had filed
24 amicus briefs on behalf of Pacific Mutual, claiming that
punitive awards have soared because of unbridled jury
discretion. "It's become a form of legal lottery," says
Washington attorney Theodore Olson. "Plaintiffs ask for huge
awards, hoping they'll hit the jackpot."
</p>
<p> He has a point. Punitive damages are intended as a form of
quasi-criminal retribution against wrongdoers in civil cases.
They exist to deter future misdeeds. "Punitive damages are not
intended to compensate the victim," says Edward Cooper, a
professor at the University of Michigan law school. "Instead,
they are meant to punish especially bad conduct." Such
judgments are most often awarded in product-liability and
personal-injury cases.
</p>
<p> Consumer advocates applauded the court's decision. Linda
Lipsen, legislative counsel of the Consumers Union, suggested
that insurance companies and others "should spend more time
figuring out how to make their products safe and less time
trying to escape their responsibilities under law." Another
happy group: plaintiffs' lawyers, who often receive a hefty
percentage of punitive damages in contingency-fee cases against
wealthy defendants.
</p>
<p> In the wake of last week's decision, business groups are apt
to step up pressure on state legislatures to limit the amounts
of punitive damages. According to the American Tort Reform
Association, 10 states have already set limits on punitive
damages. But the only way to guarantee uniform rules would be
through an act of Congress, which is highly unlikely.
</p>
<p>By Andrea Sachs. Reported by Jerome Cramer/Washington.
</p>
</body></article>
</text>