It would be miraculous if justice, uniformity and fairness were the result. The due process violation that springs from the awarding of punitive damages without substantive standards has twice been argued before the Supreme Court but not resolved. Officially, BrowningFerris involves a challenge to punitive damages based on a different ground, the Eighth Amendment. That Amendment prohibits excessive fines, as well as cruel and unusual punishment and excessive bail. Because the excessiveness of a fine may turn out to hinge on some of the aforementioned due process issues, the absenceofsubstantivestandards issue lurks close beneath the surface in Browning-Ferris .
Punitive damages are punitive fines imposed by the government.
Unless they are brought under control, they will continue to be imposed unfairly. By the beginning of July the Court should rule and one hopes provide some longneeded guidance to restrain these awards before our entire civil justice system begins to collapse under their unjust weight.