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The Wendy Davis Ad that has the Media Up In Arms

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sagehen10/11/2014 1:28:13 pm PDT

re: #82 EPR-radar

But this ad doesn’t get into Abbott’s support for capping damages. Perhaps other ads have (or will do that). Give the GOP and its enablers more to whine about.

What’s especially nasty about that is that THE. WHOLE. POINT. of punitive damages is that it’s got nothing to do with whether the plaintiff “deserves” that much, it’s about how much do we have to take away from the defendant for him/her/it to really notice. It has to be PUNITIVE.

My favorite punitive damage was a bad faith insurance case back in the 1970’s — Colonial Penn was dicking around their policyholders, they refused to pay for a $48 hearing aid just because they thought the guy wouldn’t spend the resources to force them. The damage award was 2% of the company’s value. You can be sure that insurance company, and other insurance companies, made a real effort not to do that anymore (at least until they could get the law changed and damage caps).