Does anyone know what framework an appellate court will use to review/revise the damages? The article says $22 million is the state max, but are there other factors that will reduce the amount further?
Its 2x the compensatory damages. So, in this case compensatory damages were $11 million, so the punitive damages is capped at an additional $22 million leaving a total verdict of $33 million. The standard appeals process can overturn or reduce damages.
In almost every state jury awards for damages are reduced, often drastically, down to what can be proven as material damage. Unless someone has receipts for the $11 million (I haven't read the case) it will likely be reduced. This is the benefit of the 'tort reform' theories pushed by pro-business GOP legislators over the last 40 years.
I find it hard to parse, but there doesn't seem to be a lot of room to remove the cap. Maybe if they conclude that the acts of the school amounted to felony libel?
> (6) Division (D)(2) of this section does not apply to a tort action where the alleged injury, death, or loss to person or property resulted from the defendant acting with one or more of the culpable mental states of purposely and knowingly as described in section 2901.22 of the Revised Code and when the defendant has been convicted of or pleaded guilty to a criminal offense that is a felony, that had as an element of the offense one or more of the culpable mental states of purposely and knowingly as described in that section, and that is the basis of the tort action.
From what I know, 22 million isn’t the max, 2X is the max for punitive damages. So they got 11.2 million for damages so they can only get 2x11.2=22.4 for the punitive. So 33.6 million total. Sorry, not sure if I answered the question?