Punitive Damages: Is 2:1 The New 1:1? In my business this issue of punitive damages is huge. Punitive damages are not to compensate the injured party but to punish the wrongdoer, to deter future conduct and require a higher level of proof. The SCOTUS years ago (in a State Farm case -- https://supreme.justia.com/cases/federal/us/538/408/ ) raised the issue of due process and held that a 1:1 ration of comp/puni damages in large verdicts would be the max that could satisfy due process. Courts have pushed back against that. In fact, Ohio has a statute that gives a max of 2:1.

This article discusses the evolution post State Farm. It is a huge issue -- punitive damages are largely uninsurable b/c of the level of conduct involved. What amount of money is sufficient to punish the wrongdoer and deter the wrongdoer's (say Dupont or Google or Apple) and other's future conduct? The jury is told, in essence, make it hurt.

https://www.lexology.com/library/det...2-ee24b2d8fc20