bmw north america gore argued october decided may respondent gore purchased new bmw automobile authorized alabama dealer discovered car repainted brought suit compensatory punitive damages petitioner american distributor bmw alleging inter alia failure disclose repainting constituted fraud alabama law trial bmw acknowledged followed nationwide policy advising dealers hence customers predelivery damage new cars cost repair exceed percent car suggested retail price gore vehicle fell category jury returned verdict finding bmw liable compensatory damages assessing million punitive damages trial judge denied bmw motion set aside punitive damages award holding among things award grossly excessive thus violate due process clause fourteenth amendment see txo production alliance resources alabama agreed reduced award million ground computing amount jury improperly multiplied gore compensatory damages number similar sales alabama held million punitive damages award grossly excessive therefore exceeds constitutional limit pp award violates due process fairly categorized grossly excessive relation state legitimate interests punishing unlawful conduct deterring repetition cf txo federal excessiveness inquiry appropriately begins identification state interests award designed serve principles state sovereignty comity forbid state enact policies entire nation impose policy choice neighboring see healy beer institute page ii accordingly economic penalties state inflicts transgress laws whether penalties legislatively authorized fines judicially imposed punitive damages must supported state interest protecting consumers economy rather entire nation gore award must therefore analyzed light conduct occurred solely within alabama consideration given interests alabama consumers pp elementary notions fairness enshrined constitutional jurisprudence dictate person receive fair notice conduct subject punishment also severity penalty state may impose three guideposts indicates bmw receive adequate notice magnitude sanction alabama might impose lead conclusion million award grossly excessive pp none aggravating factors associated first perhaps important indicium punitive damages award excessiveness degree reprehensibility defendant conduct see day woodworth present harm bmw inflicted gore purely economic presale repainting effect car performance safety features appearance bmw conduct evinced indifference reckless disregard health safety others gore contention bmw nondisclosure particularly reprehensible formed part nationwide pattern tortious conduct rejected corporate executive reasonably interpreted relevant state statutes establishing safe harbors nondisclosure presumptively minor repairs evidence either bmw acted bad faith sought establish appropriate line minor damage damage requiring disclosure purchasers persisted course conduct adjudged unlawful finally evidence bmw engaged deliberate false statements acts affirmative misconduct concealment evidence improper motive pp second perhaps commonly cited indicium excessiveness ratio plaintiff compensatory damages amount punitive damages see txo also weighs gore million award times amount actual harm determined jury suggestion bmw purchaser threatened additional potential harm bmw nondisclosure policy although possible draw mathematical bright line constitutionally acceptable constitutionally unacceptable fit every case see ratio clearly outside acceptable range pp gore punitive damages award saved third relevant indicium excessiveness difference civil criminal page iii sanctions imposed comparable misconduct see pacific mut life ins haslip million substantially greater alabama applicable fine penalties imposed similar malfeasance none pertinent statutes interpretive decisions put distributor notice might subject multimillion dollar sanction moreover absence bmw history noncompliance known statutory requirements basis assuming modest sanction sufficient pp thus bmw conduct sufficiently egregious justify severe punitive sanction imposed whether appropriate remedy requires new trial merely independent determination alabama award necessary vindicate alabama consumers economic interests matter address first instance pp stevens delivered opinion kennedy souter breyer joined breyer filed concurring opinion souter joined scalia filed dissenting opinion thomas joined ginsburg filed dissenting opinion rehnquist joined bmw north america gore justice stevens delivered opinion due process clause fourteenth amendment prohibits state imposing grossly excessive punishment tortfeasor txo production alliance resources cases cited wrongdoing involved case decision national distributor automobiles advise dealers hence customers predelivery damage new cars cost repair amounted less percent car suggested retail price question presented whether million punitive damages award purchaser one cars exceeds constitutional limit january ira gore respondent purchased black bmw sports sedan authorized bmw dealer birmingham alabama driving car approximately nine months without noticing flaws appearance gore took car slick finish independent detailer make look snazzier normally appear slick proprietor detected evidence car bmw north america gore repainted convinced cheated gore brought suit petitioner bmw north america bmw american distributor bmw automobiles gore alleged inter alia failure disclose car repainted constituted suppression material fact complaint prayed compensatory punitive damages costs trial bmw acknowledged adopted nationwide policy concerning cars damaged course manufacture transportation cost repairing damage exceeded percent car suggested retail price car placed company service period time sold used repair cost exceed percent suggested retail price however car sold new without advising dealer repairs made cost repainting gore car percent suggested retail price bmw disclose damage repair birmingham dealer gore asserted repainted car worth less car refinished prove actual damages relied testimony former bmw dealer estimated value repainted bmw north america gore bmw approximately percent less value new car damaged repaired support claim punitive damages gore introduced evidence since bmw sold refinished cars new including alabama without disclosing cars repainted sale cost per vehicle using actual damage estimate per vehicle gore argued punitive award million provide appropriate penalty selling approximately cars worth defense disclosure policy bmw argued obligation disclose repairs minor damage new cars gore car good car original factory finish disputed gore assertion value car impaired repainting argued belief made punitive award inappropriate bmw also maintained transactions jurisdictions alabama relevance gore claim jury returned verdict finding bmw liable compensatory damages addition jury assessed million punitive damages based determination nondisclosure policy constituted gross oppressive malicious fraud see code bmw filed motion set aside punitive damages award company introduced evidence establish nondisclosure policy consistent laws bmw north america gore roughly defining disclosure obligations automobile manufacturers distributors dealers stringent statutes required disclosure repairs costing percent suggested retail price none mandated disclosure less costly repairs relying statutes bmw contended conduct lawful therefore provide basis award punitive damages bmw also drew attention fact nondisclosure policy never adjudged unlawful action filed months gore case went trial jury similar lawsuit filed another alabama bmw purchaser found bmw failure disclose paint repair constituted fraud yates bmw north america judgment case bmw changed policy taking steps avoid sale refinished vehicles alabama two million verdict returned case bmw promptly instituted nationwide policy full disclosure repairs matter minor response bmw arguments gore asserted policy change demonstrated efficacy punitive damages award noted jury held policy unlawful bmw received number customer complaints relating undisclosed repairs settled lawsuits finally maintained disclosure statutes bmw north america gore irrelevant bmw failed offer evidence disclosure statutes supplanted rather supplemented existing causes action fraud trial judge denied bmw motion holding inter alia award excessive appeal alabama also rejected bmw claim award exceeded constitutionally permissible amount excessiveness inquiry applied factors articulated green oil hornsby approved pacific mut life ins haslip based analysis concluded bmw conduct reprehensible nondisclosure profitable company judgment substantial impact upon bmw financial position litigation expensive criminal sanctions imposed bmw conduct award punitive damages yates reflected inherent uncertainty trial process punitive award bore reasonable relationship harm likely occur bmw conduct well harm actually occurred alabama however rule bmw favor one critical point found jury improperly computed amount punitive damages multiplying gore compensatory damages number similar sales jurisdictions found verdict tainted held constitutionally reasonable punitive damages award case therefore ordered remittitur amount discussion amount bmw north america gore remitted award expressly disclaimed reliance acts occurred jurisdictions instead explained used comparative analysis considered alabama cases along cases jurisdictions involving sale automobile seller misrepresented condition vehicle jury awarded punitive damages purchaser believed review case help illuminate character standard identify constitutionally excessive awards punitive damages see honda motor oberg slip granted certiorari ii punitive damages may properly imposed state legitimate interests punishing unlawful conduct deterring repetition gertz robert welch newport fact concerts bmw north america gore haslip federal system necessarily considerable flexibility determining level punitive damages allow different classes cases particular case authorize exemplary damages afford jury similar latitude requiring damages awarded reasonably necessary vindicate state legitimate interests punishment deterrence see txo haslip award fairly categorized grossly excessive relation interests enter zone arbitrariness violates due process clause fourteenth amendment cf txo reason federal excessiveness inquiry appropriately begins identification state interests punitive award designed serve therefore focus attention first scope alabama legitimate interests punishing bmw deterring future misconduct one doubts state may protect citizens prohibiting deceptive trade practices requiring automobile distributors disclose presale repairs affect value new car need fact provide protection uniform manner rely judicial process formulate enforce appropriate disclosure requirement applying principles contract tort law enacted various forms legislation define disclosure obligations automobile manufacturers distributors dealers bmw north america gore result patchwork rules representing diverse policy judgments lawmakers diversity demonstrates reasonable people may disagree value full disclosure requirement bmw north america gore legislatures may conclude affirmative disclosure requirements unnecessary involved automobile trade developing maintaining goodwill customers motivate make voluntary disclosures refrain selling cars comply standards legislatures adopt affirmative disclosure obligations may take account cost government regulation choosing draw line exempting minor repairs requirement formulating disclosure standard may also consider goals providing safe harbor automobile manufacturers distributors dealers lawsuits minor repairs may assume arguendo wise every state adopt gore preferred rule requiring full disclosure every presale repair car matter trivial regardless actual impact value car doubt congress ample authority enact policy entire nation clear single state even impose policy choice neighboring see bonaparte tax state legislate except reference jurisdiction state independent others particular similarly bmw north america gore one state power impose burdens interstate market automobiles subordinate federal power interstate commerce gibbons ogden wheat also constrained need respect interests see healy beer institute constitution special concern maintenance national economic union unfettered limitations interstate commerce autonomy individual within respective spheres omitted edgar mite think follows principles state sovereignty comity state may impose economic sanctions violators laws intent changing tortfeasors lawful conduct gore argued large punitive damages award necessary induce bmw change nationwide policy bmw north america gore adopted attempting alter bmw nationwide policy alabama infringing policy choices avoid encroachment economic penalties state alabama inflicts transgress laws whether penalties take form legislatively authorized fines judicially imposed punitive damages must supported state interest protecting consumers economy alabama may insist bmw adhere particular disclosure policy state alabama power however punish bmw conduct lawful occurred impact alabama residents bmw north america gore may alabama impose sanctions bmw order deter conduct lawful jurisdictions case accept alabama interpretation jury verdict reflecting computation amount punitive damages based large part conduct happened jurisdictions alabama noted neither jury trial presented evidence bmw conduct unlawful testimony touching issue showed approximately vehicles refinished sold failure disclose repair unfair trade practice alabama therefore properly eschewed reliance bmw conduct based remitted award solely conduct occurred within alabama award must analyzed light conduct consideration given interests alabama consumers rather entire nation scope interest punishment deterrence alabama may appropriately consider properly limited apparent reasons shall address award grossly excessive bmw north america gore iii elementary notions fairness enshrined constitutional jurisprudence dictate person receive fair notice conduct subject punishment also severity penalty state may impose three guideposts indicates bmw receive adequate notice magnitude sanction alabama might impose adhering nondisclosure policy adopted lead us conclusion million award bmw grossly excessive degree reprehensibility nondisclosure disparity harm potential harm suffered gore punitive damages award difference remedy civil penalties authorized imposed comparable cases discuss considerations turn degree reprehensibility perhaps important indicium reasonableness punitive damages award degree reprehensibility defendant conduct stated nearly years ago exemplary damages imposed defendant bmw north america gore reflect enormity offense day woodworth see also louis williams punitive award may wholly disproportioned offense industries kelco disposal concurring part dissenting part reviewing examine gravity defendant conduct harshness award punitive damages principle reflects accepted view wrongs blameworthy others thus said nonviolent crimes less serious crimes marked violence threat violence solem helm similarly trickery deceit txo reprehensible negligence txo west virginia justices placed special emphasis principle punitive damages may grossly proportion severity offense indeed justice kennedy defendant intentional malice decisive element close difficult case case none aggravating factors associated bmw north america gore particularly reprehensible conduct present harm bmw inflicted gore purely economic nature presale refinishing car effect performance safety features even appearance least nine months purchase bmw conduct evinced indifference reckless disregard health safety others sure infliction economic injury especially done intentionally affirmative acts misconduct target financially vulnerable warrant substantial penalty observation convert acts cause economic harm torts sufficiently reprehensible justify significant sanction addition compensatory damages gore contends bmw conduct particularly reprehensible nondisclosure repairs car formed part nationwide pattern tortious conduct certainly evidence defendant repeatedly engaged prohibited conduct knowing suspecting unlawful provide relevant support argument strong medicine required cure defendant disrespect law see holdings recidivist may punished severely first offender recognize repeated misconduct reprehensible individual instance malfeasance see gryger burke support thesis gore advances two arguments first asserts state disclosure statutes supplement rather supplant existing remedies breach contract fraud thus according gore statutes may properly viewed immunizing liability nondisclosure repairs costing less applicable statutory threshold brief respondent second gore maintains bmw anticipated failure disclose similar repair work expose liability fraud recognize course state courts may authoritatively construe state statutes far aware bmw north america gore time action commenced state explicitly addressed whether state disclosure statute provides safe harbor nondisclosure presumptively minor repairs construed instead supplementing duties review text statutes however persuades us absence determination contrary corporate executive reasonably interpret disclosure requirements establishing safe harbors california example disclosure statute defines material damage motor vehicle damage requiring repairs costing excess percent suggested retail price whichever greater cal veh code ann west supp illinois statute cases disclosure required nondisclosure bmw north america gore constitute misrepresentation omission fact comp ch perhaps statutes may also interpreted another way simply emphasize record contains evidence bmw decision follow disclosure policy coincided strictest extant state statute sufficiently reprehensible justify million award punitive damages gore second argument treating bmw recidivist company anticipated actions considered fraudulent jurisdictions contention overlooks fact actionable fraud requires material misrepresentation omission qualifier invites line drawing sort engaged disclosure statutes bmw think disputed may exist minor imperfections finish new car repaired indeed left unrepaired without materially affecting car value evidence bmw acted bad bmw north america gore faith sought establish appropriate line presumptively minor damage damage requiring disclosure purchasers purpose bmw reasonably rely state disclosure statutes guidance regard also significant evidence bmw persisted course conduct adjudged unlawful even one occasion let alone repeated occasions finally record case discloses deliberate false statements acts affirmative misconduct concealment evidence improper motive present haslip txo haslip txo accept course jury finding bmw suppressed material fact alabama law obligated communicate prospective purchasers repainted cars state omission material fact may less reprehensible deliberate false statement particularly basis believing duty disclose exists conduct sufficiently reprehensible give rise tort liability even modest award exemplary damages establish high degree culpability warrants substantial punitive damages award case exhibits none circumstances ordinarily associated egregiously improper conduct persuaded bmw conduct sufficiently reprehensible warrant imposition million exemplary damages award ratio second perhaps commonly cited indicium unreasonable excessive punitive damages award ratio actual harm inflicted plaintiff see txo bmw north america gore haslip principle exemplary damages must bear reasonable relationship compensatory damages long pedigree scholars identified number early english statutes authorizing award multiple damages particular wrongs different enactments period provided double treble quadruple damages decisions haslip txo endorsed proposition comparison compensatory award punitive award significant haslip concluded even though punitive damages award times amount compensatory damages might close line cross line area constitutional impropriety haslip bmw north america gore txo following dicta haslip refined analysis confirming proper inquiry whether reasonable relationship punitive damage award harm likely result defendant conduct well harm actually occurred txo emphasis original quoting haslip thus upholding million award txo relied difference figure harm victim ensued tortious plan succeeded difference suggested relevant ratio million punitive damages awarded gore alabama times amount actual harm determined jury moreover suggestion gore bmw purchaser threatened additional potential harm bmw nondisclosure policy disparity case thus dramatically greater considered haslip txo course consistently rejected notion constitutional line marked simple mathematical formula even one compares actual potential damages bmw north america gore punitive award txo indeed low awards compensatory damages may properly support higher ratio high compensatory awards example particularly egregious act resulted small amount economic damages higher ratio may also justified cases injury hard detect monetary value noneconomic harm might difficult determine appropriate therefore reiterate rejection categorical approach return said haslip need indeed draw mathematical bright line constitutionally acceptable constitutionally unacceptable fit every case say however general concer reasonableness properly enter constitutional calculus txo quoting haslip cases ratio within constitutionally acceptable range remittitur justified basis ratio breathtaking however award must surely raise suspicious judicial eyebrow txo dissenting sanctions comparable misconduct comparing punitive damages award civil criminal penalties imposed comparable misconduct provides third indicium excessiveness justice correctly observed reviewing engaged determining whether award punitive damages excessive accord substantial deference legislative bmw north america gore judgments concerning appropriate sanctions conduct issue industries kelco disposal concurring part dissenting part haslip noted although exemplary award much excess fine imposed imprisonment also authorized criminal context case million economic sanction imposed bmw substantially greater statutory fines available alabama elsewhere similar malfeasance maximum civil penalty authorized alabama legislature violation deceptive trade practices act authorize severe sanctions maxima ranging significantly bmw north america gore statutes draw distinction first offenders recidivists thus new york penalty first offense subsequent offenses none statutes provide distributor fair notice first indeed first violations provisions might subject offender multimillion dollar penalty moreover time bmw policy first challenged appear judicial decision alabama elsewhere indicating application policy might give rise severe punishment sanction imposed case justified ground necessary deter future misconduct without considering whether less drastic remedies expected achieve goal fact multimillion dollar penalty prompted change policy sheds light question whether lesser deterrent adequately protected interests alabama consumers absence history noncompliance known statutory requirements basis assuming modest sanction sufficient motivate full compliance disclosure requirement imposed alabama case iv assume juries case yates case found undisclosed damage new bmw affected actual value notwithstanding evidence adduced bmw effort prove repainted cars conformed quality standards cars also assume knew known time passed repainted cars lose attractive appearance rapidly bmw moreover course accept alabama courts view state interest protecting citizens deceptive trade practices justifies sanction addition recovery compensatory damages however accept conclusion bmw north america gore alabama bmw conduct sufficiently egregious justify punitive sanction tantamount severe criminal penalty fact bmw large corporation rather impecunious individual diminish entitlement fair notice demands several impose conduct business indeed status active participant national economy implicates federal interest preventing individual imposing undue burdens interstate commerce state ample power protect consumers none may use punitive damages deterrent means imposing regulatory policies entire nation haslip prepared draw bright line marking limits constitutionally acceptable punitive damages award unlike case however fully convinced grossly excessive award imposed case transcends constitutional limit whether appropriate remedy requires new trial merely independent determination alabama award necessary vindicate economic interests alabama consumers matter addressed state first instance judgment reversed case remanded proceedings inconsistent opinion ordered footnotes gore also named german manufacturer birmingham dealership defendants alabama codified cause action fraud statute still effect hackmeyer hackmeyer statute provides suppression material fact party obligation communicate constitutes fraud obligation communicate may arise confidential relations parties particular circumstances case code see code dealer testified reduction value former owner birmingham dealership sued action sold dealership approximately one year trial gore explain significance jury also found birmingham dealership liable gore compensatory damages german manufacturer liable compensatory punitive damages dealership appeal judgment alabama held trial jurisdiction german manufacturer therefore reversed judgment defendant bmw acknowledged georgia statute enacted gore purchased car require disclosure similar repairs car sold georgia code ann awarding comparable amount compensatory damages yates jury awarded punitive damages yates plaintiff also relied nondisclosure policy instead offering evidence repairs costing introduced bulk exhibit containing repair bills show petitioner sold new bmw vehicles without disclosing repaired prior lawsuits filed yates gore bmw various bmw dealers sued times concerning presale paint bmw north america gore damage repair according testimony bmw counsel postjudgment hearing damages one suits concerned car repainted bmw alabama indicate whether million bmw north america gore figure represented independent assessment appropriate level punitive damages determination maximum amount jury awarded consistent due process clause yates bmw north america punitive damages awarded alabama cited cases another portion opinion cite five alabama cases none involved either dispute arising purchase automobile award punitive damages mosley contractors phillips hollis wyrosdick campbell burns ashbee brock jawad granade cases support proposition appellate courts alabama presume jury verdicts correct light alabama conclusion jury computed award multiplying number refinished vehicles sold award based alabama conduct respect portion jury verdict seem produce award multiplied number repainted vehicles sold alabama see rivers bmw north america app nondisclosure presale paint repairs occurred state disclosure statute enacted wedmore jordan motors ind app four require disclosure vehicle repairs costing percent suggested retail price rev stat ann stat code supp code ann supp additional bmw north america gore three mandate disclosure cost repairs exceeds percent whichever greater code cal veh code ann west supp okla tit indiana imposes percent disclosure threshold ind code minnesota requires disclosure repairs costing percent suggested retail price whichever greater stat new york requires disclosure cost repairs exceeds percent suggested retail price gen bus law mckinney supp vermont imposes percent disclosure threshold first repair costs percent thereafter stat tit eleven mandate disclosure damage costing percent retail value repair ark code ann idaho code comp ch rev stat ann baldwin la rev stat ann supp miss motor vehicle regulation rev stat ann iii ohio rev code ann laws stat wyo stat two require disclosure repairs costing see iowa code ann supp admin code georgia mandates disclosure paint damage costs repair code ann enacted respondent purchased car florida requires dealers disclose paint repair costing actual knowledge stat oregon requires manufacturers disclose damage repairs unclear whether mandate apply repairs issue rev stat many statutes exclude computation repair cost value certain components typically items glass tires wheels bumpers replaced identical manufacturer original equipment cal veh code ann west supp code ann comp ch rev stat ann baldwin okla tit code ann supp stat tit also state legislature might plausibly conclude administrative costs associated full disclosure effect raising car prices state residents federal disclosure requirements course familiar part law see federal food drug cosmetic act added nutrition labeling education act stat truth lending act stat amended securities exchange act stat amended federal cigarette labeling advertising act stat amended alcoholic beverage labeling act stat see also bigelow virginia state acquire power supervision internal affairs another bmw north america gore state merely welfare health citizens may affected travel state new york life ins head impossible permit statutes missouri operate beyond jurisdiction state without throwing constitutional barriers restricted within orbits lawful authority upon preservation government constitution depends obviously necessary result constitution rarely called question hence authorities directly dealing abound huntington attrill laws force beyond jurisdiction state enacts effect comity state power may exercised much jury application state rule law civil lawsuit statute see new york times sullivan test form state power applied whatever form whether power fact exercised san diego building trades council garmon regulation effectively exerted award damages form preventive relief brief respondent tr oral arg gore interest altering nationwide policy stems concern bmw discontinue policy alabama alone alabama limited imposing punitive damages based bmw gain fraudulent sales alabama resulting award prospect protecting alabama consumers fraud provide incentive bmw alter unitary national policy nondisclosure yielded bmw millions dollars profits record discloses basis gore contention bmw comply alabama law without changing nationwide policy see bordenkircher hayes punish person done law plainly allows due process violation basic sort cases concerning recidivist statutes contrary habitual offender statutes permit sentencing enhance defendant punishment crime light prior convictions including convictions foreign jurisdictions see code cal penal code ann west supp comp ch penal law mckinney supp tex penal code ann supp sentencing judge may even consider past criminal behavior result conviction lawful conduct bears defendant character prospects rehabilitation williams new york never held sentencing properly punish lawful conduct distinction precisely one draw see infra given verdict based part conduct lawful occurred need consider whether one state may properly attempt change tortfeasors unlawful conduct another state course fact alabama correctly concluded error jury use number sales multiplier computing amount punitive sanction mean evidence describing transactions irrelevant case kind contrary stated txo production alliance resources discuss fully infra evidence relevant determination degree reprehensibility defendant conduct see miller florida ex post facto clause violated retroactive imposition revised sentencing guidelines provided longer sentence defendant crime bouie city columbia retroactive application new construction statute violated due process citing cases lankford idaho due process violated defendant counsel adequate notice judge might impose death sentence strict constitutional safeguards afforded criminal defendants applicable civil cases basic protection judgments without notice afforded due process clause shaffer heitner stevens concurring judgment implicated civil penalties flagrancy misconduct thought primary consideration determining amount punitive damages owen punitive damages overview functions problems reform vill rev principle punishment fit crime deeply rooted frequently repeated jurisprudence solem helm see burkett lanata la ann punitive damages commensurate nature offence blanchard morris say exemplary damages excessive circumstances proofs show threats violence imprisonment accompanied mental fear torture agony mind louisville northern brown aware case sustained verdict large one unless injuries permanent pacific mut life ins haslip dissenters also recognized txo conduct clearly wrongful calculated improper txo dissenting jeter dodge la app louisiana appeals suggested louisiana disclosure statute functions safe harbor finding cost repairing presale damage plaintiff car exceeded statutory disclosure threshold held disclosure statute provide defense action pendency litigation alabama enacted disclosure statute defines material damage new car damage requiring repairs costing excess percent suggested retail price whichever greater code decision case alabama stated dicta remedies available section deceptive trade practices act displace alter remedies available either common law statutes hines riverside refused however recognize impose automobile manufacturers general duty disclose every repair damage however slight incurred manufacturing process instead held whether defendant duty disclose question fact jury determine reaching conclusion overruled two earlier decisions seemed indicate matter law disclosure obligation cases comparable one overruling century realty mcconnell cadillac cobb southeast toyota distributors see also rev stat ann disclosure required section purchaser may revoke rescind sales contract due solely fact new motor vehicle damaged repaired prior completion sale ind code providing epaired damage new motor vehicle exceeding four percent manufacturer suggested retail price need disclosed time sale stat requiring disclosure repairs costing percent suggested retail price prohibiting revocation rescission sales contract basis less costly repairs okla tit defining material damage car damage requiring repairs costing excess percent suggested retail price whichever greater restatement second torts keeton dobbs keeton owen prosser keeton law torts ed alabama held car may considered new matter law even finish contains minor cosmetic flaws wilburn larry savage chevrolet note also trial respondent introduced evidence undisclosed bmw north america gore paint damage new cars repaired cost decision suggests respondent believed jury might consider repairs de minimis warrant disclosure verdict case bmw changed policy respect alabama two five days jury award bmw altered nationwide policy one full disclosure see grant mcdonogh la ann xemplary damages allowed bear proportion real damage sustained saunders mullen iowa actual damages small amount allowed exemplary damages large flannery baltimore ohio punitive damages award proportion injuries received feel duty interfere houston texas central nichols eng cas tex exemplary damages allowed bear proportion actual damages sustained mccarthy niskern punitive damages enormously excess may justly regarded compensation injury must set aside prevent injustice owen supra one english statute example provides officers arresting persons jurisdiction shall pay double damages ch another directs action forcible entry detainer plaintiff shall recover treble damages hen vi ch federal law allows mandates imposition multiple damages wide assortment offenses including violations antitrust laws see clayton act stat amended racketeer influenced corrupt organizations act see certain breaches trademark laws see trademark act stat amended patent laws see stat petitioner stresses shocking disparity punitive award compensatory award shock dissipates one considers potential loss respondents terms reduced eliminated royalties payments petitioner succeeded illicit scheme thus even actual value potential harm respondents million million closer million million even million disparity punitive award potential harm view jar one constitutional sensibilities txo quoting pacific mut life ins haslip even assuming repainted bmw suffers diminution value approximately award times greater total damages alabama consumers purchased repainted bmw ratio also dramatically greater award permissible statutes proposed statutes summarized appendix justice ginsburg dissenting opinion post conceivably alabama selection ratio application justice scalia identification one possible reading plurality opinion txo future due process challenge punitive damages award disposed simple observation worse txo scalia concurring judgment explain text award significantly worse award txo although address size punitive damages award silkwood dissenters commented excessive character noting million punitive damages award jury imposed times greater maximum fine may imposed single violation federal standards times greater largest single fine commission ever imposed blackmun dissenting new york times sullivan observed punitive award libel one thousand times greater maximum fine provided alabama criminal statute concluded fear damage awards rule invoked alabama courts may markedly inhibiting fear prosecution criminal statute code see ark code ann violation state motor vehicle commission act allow suspension dealer license violation act allow revocation dealer license stat code ann supp administratively superior ind code ann rev stat ann supp corporate fine gen bus law mckinney supp first offense subsequent offenses justice ginsburg expresses concern federal policing limit post small number punitive damages questions reviewed recent years together fact first case decades found punitive damages award exceeds constitutional limit indicates concern best premature event consideration surely justify abdication responsibility enforce constitutional protections extraordinary case one bmw north america gore justice breyer justice justice souter join concurring alabama state courts assessed defendant million punitive damages knowingly failed tell bmw automobile buyer cost repainted portions new car thereby lowering potential resale value opinion join explains concluded award case grossly excessive relation legitimate punitive damages objectives hence arbitrary deprivation life liberty property violation due process clause see txo production alliance resources grossly excessive punitive award amounts arbitrary deprivation property without due process law plurality opinion members generally thought however fair procedures followed judgment product process entitled strong presumption validity see also pacific mut life ins haslip kennedy concurring judgment also found punitive damages procedures similar followed fundamentally unfair thus believe important explain presumption validity overcome instance bmw north america gore reason flows emphasis haslip upon constitutional importance legal standards provide reasonable constraints within discretion exercised assure meaningful adequate review trial whenever jury fixed punitive damages permit appellate review makes certain punitive damages reasonable amount rational light purpose punish occurred deter repetition see also nlimited jury discretion unlimited judicial discretion matter fixing punitive damages may invite extreme results jar one constitutional sensibilities constitutional concern harkening back magna carta arises basic unfairness depriving citizens life liberty property application law legal processes arbitrary coercion daniels williams dent west virginia requiring application law rather decisionmaker caprice simply provide citizens notice actions may subject punishment also helps assure uniform general treatment similarly situated persons essence law see railway express agency new york jackson concurring effective practical guaranty arbitrary unreasonable government require principles law officials impose upon minority must imposed generally legal standards need precise order satisfy constitutional concern see haslip supra comparing punitive damages standards legal standards reasonable care due diligence best interests child internal quotation marks omitted must offer kind constraint upon jury discretion thus protection purely arbitrary behavior standards alabama courts applied vague point risk arbitrary results view bmw north america gore although vagueness standards violate due process see haslip supra invite kind scrutiny given particular verdict us see oncerns adequate guidance case tried jury properly enter constitutional calculus txo supra denied lack clear guidance heightens risk arbitrariness passion bias replace dispassionate deliberation basis jury verdict dissenting standards alabama authoritatively interpreted provided significant constraints protection arbitrary results first alabama statute permits punitive damages contain standard readily distinguishes conduct warranting small conduct warranting large punitive damages awards statute permits punitive damages cases oppression fraud wantonness malice code statute goes define terms broadly encompass far egregious conduct terms first reading might seem imply intentional misrepresentation made statement silence easily amount fraud sufficient warrant punitive damages see fraud includes intentional concealment material fact concealing party duty disclose gross oppressive malicious committed intention thereby depriving person entity property emphasis added malice includes wrongful act without cause excuse ith intent injure property another emphasis added oppression includes ubjecting person unjust hardship conscious disregard person rights statute thereby authorizes punitive damages serious kinds misrepresentations say tricking elderly life savings much less bmw north america gore serious conduct failure disclose repainting car issue vast range conduct second alabama courts case applied factors intended constrain punitive damages awards way belies purpose green oil hornsby sets forth seven factors appellate courts use determine whether jury award grossly excessive principle might make lack significant constraint statute alabama courts authoritatively interpreted application case illustrates impose little actual constraint green oil requires punitive damages award bear reasonable relationship harm likely occur defendant conduct well harm actually occurred standard little guide determination counts reasonable relationship case illustrates record evidence past present likely future harm consists harm gore bmw similar alabama instances references similar instances alabama disregarding bmw failure make relevant objection instances trial right held last mentioned instances count relevant harm went find reasonable relationship harm million punitive damages award without consider ing acts occurred jurisdictions emphasis added reasons explored majority greater depth see ante relationship award underlying conduct seems well beyond bounds reasonable find reasonable relationship purely economic harm totaling without significant evidence future repetition punitive award million empty reasonable relationship test meaningful content thus construed set forth bmw north america gore legal standard significantly constrained discretion alabama factfinders green oil second factor degree reprehensibility defendant conduct green oil supra like reasonable relationship test factor provides little guidance relate culpability size award alabama considering factor found reprehensible bmw followed conscious policy disclosing repairs new cars cost repairs amounted less car value course conscious policy disclosing repair one knows nondisclosure might cost customer resale value reprehensible degree reasons discussed majority ante see alabama courts find conduct assumed caused relevant economic harm especially unusually reprehensible enough warrant million punitive damages significant portion award find contrary alabama courts simply unreasonable make reprehensibility concept without constraining force deprive concept constraining power protect serious capricious deprivations green oil third factor requires punitive damages remove profit illegal activity excess profit defendant recognizes loss green oil supra factor ability limit awards fixed rational amount applied concept potential realized limit award anywhere near profits evidenced record given record description conduct prevalence factor justify much million award green oil fourth factor financial position defendant ibid since fixed dollar award punish poor person wealthy one one understand relevance factor state interest retribution though necessarily interest deterrence given bmw north america gore distant relation defendant wealth responses economic incentives see txo plurality opinion kennedy concurring part concurring judgment haslip industries kelco disposal concurring part dissenting part factor however necessarily intended act significant constraint punitive awards rather provides basis inflating awards defendant wealthy case may illustrate make use unlawful inappropriate simply means factor make failure factors reprehensibility constrain significantly award purports punish defendant conduct green oil fifth factor costs litigation state desire encourage plaintiffs bring wrongdoers trial standard provides meaningful constraint extent enhancement authorized linked fixed ascertainable amount approximating actual costs even defined generously reflect contingent nature plaintiffs victories case shows factor operate constraint award much excess costs approved reasons additional aspect standard need encourage plaintiffs bring wrongdoers trial factor constrain enhances discretionary power especially unsupported evidence special need encourage litigation alabama courts mention green oil sixth factor whether criminal sanctions imposed defendant conduct ibid factor apply green oil seventh factor requires civil actions filed defendant based conduct considered mitigation factor apply thus first second third green oil factors principle might sometimes act constraints arbitrary behavior alabama courts interpreted standards case even taking three factors together significantly constrained system ability impose grossly excessive awards third state courts neither referred made effort find enunciated standard either directly indirectly background might supplied constraining legal force statute green oil standards interpreted lack gore argue jury economic theory based need offset totality harm defendant conduct caused theory general kind might provided significant constraint arbitrary awards least confined relevant conduct see ante economists example argued standard deter illegal activity causing solely economic harm use punitive damages awards whole take wrongdoer total cost harm caused see shavell economic analysis accident law liability equals losses caused multiplied inverse probability suit injurers act optimally liability rules despite chance escape suit cooter punitive damages deterrence much rev understanding intuitive essence theories put crude form leaving various qualifications permit juries calculate punitive damages making rough estimate global harm dividing estimate similarly rough estimate number successful lawsuits likely brought adding generous attorneys fees costs smaller damages sufficiently discourage firms engaging harmful conduct larger damages leading potential defendants spend prevent activity causes economic bmw north america gore harm say employee training cost harm see galligan augmented awards efficient evolution punitive damages la rev larger damages might also double count including punitive damages award compensatory punitive damages subsequent plaintiffs also recover record us however contains nothing suggesting alabama determining allowable award applied economic theory might explain million recovery cf supra noting constitution incorporate views law economics school require subscribe particular economic theory concurring part dissenting part quoting cts dynamics america courts properly tend judge rationality judicial actions terms reasons given facts cf txo kennedy concurring part concurring judgment might given basis conceivable set facts unlike rationality economic statutes enacted legislatures subject public control ballot box see fcc beach communications therefore reference constraining economic theory might counseled deferential review lacking case fourth find community understanding historic practice award might exemplify therefore provide background standards constraining arbitrary behavior excessive awards punitive damages award million intentional misrepresentation causing harm extraordinary historical standards far aware finds analogue relatively recent times amici gore attempt show true pointing various historical cases according calculations represented roughly equivalent punitive bmw north america gore awards similarly culpable conduct see brief james boyle et al amici curiae hereinafter legal historians brief among others cite wilkes wood lofft eng said equivalent million warrantless search papers huckle money wills eng said false imprisonment hewlett cruchley taunt eng said malicious prosection merest harvey taunt eng said poaching amici apparently base conversions mathematical assumption namely inflation progressed constant rate inflation see legal historians brief fact consistent cumulative inflation modern phenomenon see mccusker much real money historical price index use deflator money values economy proceedings american antiquarian society estimates based historical rates valuation highly approximate suggest ancient extraordinary awards small compared million issue modern punitive damages figures see appendix opinion infra suggesting modern equivalent awards cases something like respectively majority opinion makes clear record contains nothing suggest extraordinary size award case explained extraordinary wrongfulness defendant behavior measured historical community standards rather arbitrariness caprice fifth legislative enactments classify awards impose quantitative limits significantly cabin fairly unbounded discretion created absence constraining legal standards tex civ prac rem code ann supp punitive damages generally limited greater double damages bmw north america gore except cap apply suits arising certain serious criminal acts enumerated statute stat punitive damages may exceed double compensatory damages product liability cases stat supp punitive damages certain actions limited treble compensatory damages code ann supp cap certain actions upshot rules purport channel discretion kind case fact means award case product system standards significantly constrain hence jury discretion making award grossly excessive light state legitimate punitive damages objectives first reasons special importance courts review punitive damages award one expect direct jurors like legislators ballot box one expect jurors interpret law like judges work within discipline hierarchical organization normally promotes roughly uniform interpretation application law yet alabama expects jurors act least little like legislators judges permits certain extent create public policy apply policy compensate victim achieve objective outside confines particular case extent neither clear legal principles fairly obvious historical standards defining say especially egregious behavior significantly constrain punitive damages awards substantial risk outcomes arbitrary become difficult square constitution assurance every citizen law protection standards authoritatively interpreted view make threat real theoretical unusual circumstances legal standards offer virtually constraint bmw north america gore believe lack constraining standards warrants detailed examination award second reason severe disproportionality award legitimate punitive damages objectives reflects judgment matter degree recognize often difficult determine punitive award exceeds amount reasonably related state legitimate interests excess great amount matter constitutional concern yet whatever difficulties drawing precise line examine award case difficult say award lies line far side severe lack proportionality size award underlying punitive damages objectives shows award falls category gross excessiveness set forth prior cases two reasons taken together overcome otherwise amount strong presumption validity txo two reasons conclude award unusual case violates basic guarantee nonarbitrary governmental behavior due process clause provides bmw north america gore appendix opinion breyer eng worth pennsylvania currency see bureau census historical statistics colonial times series bicentennial ed period penn worth see mccusker much real money historical price index use deflator money values economy american antiquarian society thus eng worth accounting inflation dollar amici filed brief see economic indicators eng worth calculated another way eng worth eng see mccusker supra eng worth see fed reserve bulletin thus eng amounts accounting inflation amounts thus sources suggest award wilkes roughly amounts today million award huckle year seem worth today period hewlett merest decisions eng worth eng see mccusker supra using exchange rate eng worth bmw north america gore accounting inflation amounts thus awards hewlett merest seem closer respectively amici estimates bmw north america gore justice scalia justice thomas joins dissenting today see latest manifestation recent increasingly insistent concern punitive damages run wild pacific mut life ins haslip since constitution make concern business activities area unjustified incursion province state governments earlier cases prelude decision set forth view state trial procedure commits decision whether impose punitive damages amount discretion jury subject judicial review reasonableness furnishes defendant process due see txo production alliance resources scalia concurring judgment haslip supra scalia concurring judgment cf honda motor oberg slip scalia concurring regard fourteenth amendment due process clause secret repository substantive guarantees unfairness neither unfairness excessive civil compensatory award unfairness unreasonable punitive award fourteenth amendment procedural guarantee assures opportunity bmw north america gore contest reasonableness damages judgment state federal guarantee damages award actually reasonable see txo supra scalia concurring judgment view adheres text due process clause prevailed cases see txo production alliance resources plurality opinion dissenting haslip supra however constitutional doctrine adopted mistaken also insusceptible principled application feel bound give stare decisis effect indeed feel justified see witte scalia concurring judgment walton arizona scalia concurring judgment part dissenting part jurisprudence compels response constitution provides warrant federalizing yet another aspect nation legal culture matter much need correction may application new rule constitutional law constrained principle justices subjective assessment reasonableness award relation conduct assessed today judgment represents first instance invalidation punitive assessment simply unreasonably large think proper occasion discuss points length significant aspects today decision identification substantive due process right grossly excessive award concomitant assumption ultimate authority decide anew matter reasonableness resolved lower proceedings course new haslip txo revived notion moribund since appearance first years century measure bmw north america gore civil punishment poses question constitutional dimension answered neither cases however precedents upon relied actually took step declaring punitive award unconstitutional simply big time adoption fourteenth amendment well understood punitive damages represent assessment jury voice community measure punishment defendant deserved see barry edmunds missouri pacific humes day woodworth see generally haslip supra scalia concurring judgment today decision though dressed legal opinion really disagreement community sense indignation outrage expressed punitive award alabama jury reduced state reflects merely concurrence candidly acknowledges judgment matter degree ante judgment appropriate degree indignation outrage hardly analytical determination precedential warrant giving judgment priority judgment state courts juries matter support position found handful errant federal cases bunched within years one invented notion unfairly severe civil sanction amounts violation constitutional liberties decisions upon txo plurality relied pronouncing due process clause imposes substantive limits beyond penalties may go quoting seaboard air line seegers see also dissenting haslip although precedents shallowly rooted justify recent undertaking case relied upon actually invalidated civil sanction even support bmw north america gore constitutional review excessiveness since really concerned validity matter procedural due process state legislation imposed significant penalty common carrier lacked means determining legality actions penalty imposed see southwestern telegraph telephone danaher amount penalty subject independent scrutiny remaining cases opinions consider arguments statutory penalties reason excessiveness violate due process single one judgments invalidates damages award see seaboard supra oil texas standard oil ind missouri louis williams importantly latter group cases sole precedential foundation put forward rule constitutional law espoused today simply fabricated substantive due process right issue seaboard assigned precedent bald assertion constitution imposes limits beyond penalties may go cited coffey county harlan case inquired constitutionality state procedure standard oil simply cited louis offered addition cases collins johnston said nothing support notion substantive due process right excessive civil penalties contrary asserted prescribing imposing criminal punishment functions peculiarly belonging several thus authority position simply authoritative cases fall far short needed supplant country longstanding practice regarding exemplary awards see bmw north america gore haslip scalia concurring judgment ii one might understand eagerness enter field rather leave state legislatures something useful say fact however opinion provides virtually guidance legislatures state federal courts constitutionally proper level punitive damages might instructed outset part ii opinion beginning substantive analysis federal excessiveness inquiry begins identification state interests punitive award designed serve ante first reading one faced prospect federal law new field created today decision beset sort interest analysis laid waste formerly comprehensible field conflict laws thought assessment punitive damages offense must examined determine precise state interests pursued unsettling moreover interests fundamental determinant award one think due process require assessing jury instructed appears however certainly hope false alarm part ii opinion unfolds turns directed question much punishment much rather question acts punished alabama power says punish bmw conduct lawful occurred impact alabama residents ante may true though narrow sense person held liable punished basis lawful act person held subject punishment committed bmw north america gore unlawful act degree punishment assuredly increased basis conduct displays wickedness unlawful criminal sentences computed said basis information concerning every aspect defendant life williams new york one point seems acknowledge observing although sentencing properly punish lawful conduct may assessing penalty consider lawful conduct bears defendant character ante concession quite incompatible however later assertion since neither jury trial presented evidence bmw conduct unlawful alabama therefore properly eschewed reliance bmw conduct based remitted award solely conduct occurred within alabama ante alabama consider lawful disreputable conduct inside outside alabama purpose assessing bad actor bmw follows statement alabama power punish bmw conduct lawful occurred statement may alabama impose sanctions bmw order deter conduct lawful jurisdictions ante provides us citation authority support proposition barely analogous cases cited earlier opinion see ante know none significant issues pronounced upon remotely presented resolution present case basis believing alabama sought control conduct elsewhere statutes issue merely permit civil juries treat conduct petitioner fraud authorize award appropriate punitive damages event fraud found gross oppressive malicious code sure respondent invite jury consider conduct bmw north america gore calculation damages increase jury initial award based consideration component remitted judgment us several times recognizes computing amount remitted award alabama whether constitutionally required expressly disclaimed reliance acts occurred jurisdictions ante internal quotation marks omitted see also ante thus question presented case whether award limited petitioner alabama conduct viewed light factors identified properly informing inquiry excessive sweeping largely unsupported statements regarding relationship punitive awards lawful unlawful conduct purest dicta iii part iii opinion identifies hree guideposts lead conclusion award case excessive degree reprehensibility ratio punitive award plaintiff actual harm legislative sanctions provided comparable misconduct ante legal significance guideposts nowhere explored necessary effect establish federal standards governing hitherto exclusively state law damages apparently though means clear bmw north america gore three federal guideposts overridden necessary deter future misconduct ante loophole encourage state reviewing courts uphold awards necessary adequat protect ion state consumers ibid effectively requiring state reviewing courts concoct rationalizations whether within guideposts loophole justify intuitive punitive reactions state juries accords neither category institution respect deserves course easy comply new federal law damages matter willing truth guideposts mark road nowhere provide real guidance degree reprehensibility defendant conduct learn nonviolent crimes less serious crimes marked violence threat violence ante quoting solem helm trickery deceit reprehensible negligence ante ratio punitive compensatory damages told general concer reasonableness enter constitutional calculus ante quoting txo supra though even breathtaking necessarily anything raise suspicious judicial eyebrow ante quoting txo supra dissenting opinion confronted breathtaking ratio approved legislative sanctions provided comparable misconduct accorded substantial deference ibid quoting industries kelco disposal concurring part dissenting part one expects conclude thine self true platitudes yield real answers real cases must noted nowhere says three guideposts guideposts indeed makes clear explaining away earlier opinions really follow guideposts bmw north america gore basis additional factors thereby reiterat ing rejection categorical approach ante words even utter platitudes ever happen produce answer may overridden unnamed considerations constructed framework genuinely constrain inform state legislatures lower courts nothing except confer artificial air doctrinal analysis upon essentially ad hoc determination particular award punitive damages fair distinguishes today result haslip txo partly ground record case discloses deliberate false statements acts affirmative misconduct concealment evidence improper motive present haslip txo ante seemingly rejects findings necessarily made jury petitioner committed fraud gross oppressive malicious code perhaps rejection intentional say relationship judicial application new guideposts jury findings poses real problem since matter logic justification ignoring jury determination reprehensible petitioner conduct much deserves punished ignoring determination reprehensible wrong willful punitive damages therefore recoverable issue framed terms constitutional right unreasonably excessive awards obscure fact logical necessary consequence approach recognition constitutional right unreasonably imposed awards well elevation fairness punishment principle substantive due process means every punitive award unreasonably imposed unconstitutional award definition excessive since attaches penalty conduct undeserving punishment indeed correct must every claim bmw north america gore state jury award compensatory damages unreasonable supported evidence amounts assertion constitutional injury see txo supra scalia concurring judgment true determinations liability today logic every dispute evidentiary sufficiency state civil suit poses question constitutional moment subject review stupefying proposition foregoing reasons respectfully dissent alabama said must conclude award punitive damages based large part conduct happened jurisdictions although evidence similar acts jurisdictions admissible issue pattern practice acts jury use number similar acts defendant committed jurisdictions multiplier determining dollar amount punitive damages award evidence may considered setting size civil penalty neither jury trial evidence showing conduct wrongful bmw north america gore convinced unnecessarily unwisely ventures territory traditionally within domain face reform measures recently adopted currently consideration legislative arenas alabama case endeavored follow prior instructions recently alabama highest installed controls awards punitive damages see infra therefore leave state judgment undisturbed resist unnecessary intrusion area dominantly state concern respect due alabama requires strip case false issue impermissible extraterritoriality infects judgment us excessiveness award sole issue genuinely presented ultimately recognizes see ante clarification order gore experience unprecedented among customers bought bmw vehicles sold flawless addition encounter gore showed paint repair orders introduced trial bmw north america gore occasions since bmw shipped new vehicles dealers without disclosing paint repairs costing least tr least repainted vehicles evidence also showed sold new undamaged consumers alabama sales nationwide alabama said admissible issue pattern practice acts error reiterated admission evidence showed pervasive nondisclosure policy intent behind bmw na adoption determination comports expositions see txo production alliance resources characterizing admissibility evidence defendant alleged wrongdoing parts country defendant wealth see also brief petitioner recognizing similar acts traditionally considered relevant limited purpose determining conduct ourt reprehensible part pattern rather isolated incident alabama highest next declared jury use number similar acts defendant committed jurisdictions multiplier determining dollar amount punitive damages award evidence may considered setting size civil penalty neither jury trial evidence showing conduct wrongful emphasis original omitted bmw north america gore alabama authority bears emphasis statute judicial decision trial judge instruction ever countenanced jury multiplication diminution value estimated refinished car number cars approximately shown sold nationwide sole prompt jury use nationwide sales multiplier came gore lawyer summation app tr notably counsel bmw failed object gore multiplication suggestion even though bmw counsel interrupted make unrelated objections four times gore closing statement tr bmw counsel request charge instructing jury consider sales calculating punitive damages award see record listing charges requested counsel following verdict bmw counsel challenged admission paint repair orders alternately jury apparent use orders multiplication exercise curiously postverdict argument bmw counsel urged repair orders indeed admissible gore full right suggest disgorgement tr brief gore case idiosyncratic jury improper multiplication tardily featured petitioner unlikely recur alabama call error correction jury apparently erroneously used acts multiplier arrive million sum punitive damages alabama determined maximum amount properly functioning jury awarded houston concurring specially quoting big cottingham bmw north america gore per curiam opinion emphasized arriving million amount punitive damages awarded case consider acts occurred jurisdictions emphasis original recognizes alabama high properly eschewed reliance bmw conduct based remitted award solely conduct occurred within alabama ante citation omitted sum alabama left standing jury decision facts warranted award punitive damages determination contested state concluded considering acts alabama million constitutionally reasonable punitive damages award ii alabama reports thoroughly painstakingly reviewed jury award according principles set pathmarking decisions opinions txo pacific mut life ins haslip alabama said gave weight several factors including bmw deliberate reprehensible presentation refinished cars new undamaged without disclosing value cars reduced estimated financial position defendant costs litigation standards previously held impos sufficiently definite meaningful constraint discretion alabama factfinders awarding punitive damages haslip see also txo bmw north america gore alabama highest displayed labor pains visibly judgment nonetheless entitled presumption legitimacy see rowan runnels always feel bound respect decisions state courts time made regard conclusive cases upon construction constitution accept course alabama applied state law correctly law state objectives punishment deterrence guide punitive damages awards see birmingham benson quick find constitutional infirmity highest state endeavored corrective one counsel slip oversight counsel plaintiff excess summation unobjected counsel defendant see supra state intending follow process approved haslip txo decisions finds alabama million award simply excessive grossly therefore unconstitutional decision leads us territory traditionally within domain commits bmw north america gore correct misapplication properly stated rule law cf rule petition writ certiorari rarely granted asserted error consists erroneous factual findings misapplication properly stated rule well equipped mission tellingly repeats brings task mathematical formula ante categorical approach ante bright line ante bmw north america gore vague concept substantive due process raised eyebrow test see ante ultimate guide contrast habeas corpus review work business alone aided federal district courts courts appeals federal policing area readiness superintend state punitive damages awards puzzling view longstanding reluctance countenance review even courts appeals size verdicts returned juries federal district proceedings see generally wright miller kane federal practice procedure ed reexamination prominent state courts bmw north america gore legislative arenas see appendix infra serves underscore enterprise undue reasons stated dissent disturbance judgment alabama made bmw north america gore appendix dissenting opinion ginsburg state legislative activity regarding punitive damages caps punitive damages awards connecticut stat caps punitive damages twice compensatory damages products liability cases delaware ass introduced may cap punitive damages greater three times compensatory damages florida stat supp general caps punitive damages three times compensatory damages georgia code ann supp caps punitive damages tort actions prohibits multiple awards stemming predicate conduct products liability actions bmw north america gore illinois ass reg sess enacted mar caps punitive damages three times economic damages indiana reg sess enacted apr caps punitive damages greater three times compensatory damages kansas stat ann general caps punitive damages lesser defendant annual gross income million maryland leg sess introduced general cap punitive damages four times compensatory damages minnesota leg reg sess introduced require reasonable relationship compensatory punitive damages nevada rev stat caps punitive damages three times compensatory damages compensatory damages equal compensatory damages less new jersey ann sess caps punitive damages greater five times compensatory damages certain tort cases north dakota cent code supp caps punitive damages greater two times compensatory damages oklahoma okla tit supp caps punitive damages greater actual damages jury finds defendant guilty reckless disregard greatest twice actual damages benefit accruing defendant conduct jury finds defendant acted intentionally maliciously texas reg sess enacted apr caps punitive damages twice economic damages plus additional noneconomic damages virginia code ann caps punitive damages bmw north america gore ii allocation punitive damages state agencies florida stat supp allocates punitive damages general revenue fund public medical assistance trust fund see gordon state app aff upholding provision due process challenge georgia code ann supp allocates punitive damages less proportionate part litigation costs including counsel fees state treasury see mack trucks conkle upholding provision constitutional challenge illinois comp stat ch permits apportion punitive damages among plaintiff plaintiff attorney illinois department rehabilitation services indiana reg sess enacted apr subject statutory exceptions allocates punitive damages compensation fund violent crime victims iowa iowa code described circumstances allocates punitive damages payment costs counsel fees civil reparations trust fund see shepherd components brice iowa upholding provision constitutional challenge kansas stat ann allocates punitive damages medical malpractice cases state treasury missouri mo rev stat allocates punitive damages payment expenses counsel fees tort victims compensation fund bmw north america gore montana leg sess introduced allocate punitive damages state university system school deaf blind new jersey reg sess introduced reg sess introduced allocate punitive damages new jersey health care trust fund new mexico sess introduced allocate punitive damages attorney services fund oregon leg ass enacted july amending rev stat repealing rev stat allocates punitive damages criminal injuries compensation account utah utah code ann allocates punitive damages excess state treasury iii mandatory bifurcation liability punitive damages determinations delaware ass introduced may require request party separate proceeding determination punitive damages georgia code ann supp cases punitive damages claimed liability punitive damages tried first amount punitive damages illinois gen assembly reg sess enacted mar mandates upon defendant request separate proceeding determination punitive damages kansas stat ann trier fact determines defendant liability punitive damages determines amount damages bmw north america gore missouri mo rev stat mandates bifurcated proceedings request party jury determine first whether defendant liable punitive damages amount punitive damages montana mont code ann upon finding defendant liable punitive damages jury determines amount separate proceeding nevada rev stat jury determines punitive damages awarded jury determines amount separate proceeding new jersey stat ann west mandates separate proceedings determination compensatory punitive damages north dakota cent code supp upon request either party trier fact determines whether compensatory damages awarded determining punitive damages liability amount ohio ohio rev code ann trier fact determines defendant liable punitive damages determines amount damages oklahoma okla tit supp requires separate jury proceedings punitive damages reg sess introduced require courts strike requests punitive damages trial unless plaintiff presents prima facie evidence least days trial sustain damages provide bifurcated jury trial request defendant permit punitive damages compensatory damages awarded virginia reg sess introduced require separate proceedings determines punitive damages appropriate trier fact determines amount punitive damages according trial testimony late may bmw began redirecting refinished cars alabama two tr jury returned verdict favor gore june five days later bmw changed national policy one full disclosure see brief law economics scholars et al amici curiae economic analysis demonstrates alabama judgment unreasonable landes posner economic structure tort law economic model assessing propriety punitive damages certain tort cases see ante federal system necessarily considerable flexibility determining level punitive damages allow different classes cases particular case industries kelco disposal lawsuit state law provides basis decision propriety award punitive damages conduct question factors jury may consider determining bmw north america gore amount questions state law silkwood punitive damages long part traditional state tort petitioner invites address question multiple punitive damages awards stemming alleged misconduct take invitation rightly judgment case present issue three reasons question multiple awards hypothetical real gore case first punitive damages award favor gore award yet entered bmw account nondisclosure policy second bmw raise issue multiple punitives indeed reply brief alabama bmw stated gore confuses point fairness among plaintiffs treats point premature multiple punitive damages argument contrary gore assertion asking hold matter law constitutional violation occurs defendant subjected punitive damages two separate cases reply brief appellant nos sup internal citations omitted third bmw already suffered punitive damages judgment connection nondisclosure policy alabama highest presumably taken fact consideration reviewing punitive damages awards attacked excessive alabama considers whether civil actions defendant based conduct quoting green oil hornsby taken account mitigation punitive damages award ibid alabama accordingly observed gore counsel filed actions bmw alabama georgia punitive damages award far resulted justice breyer concurring opinion offers nothing solid haslip acknowledges alabama standards punitive damages standing alone violate due process ante invit kind scrutiny given particular verdict us ibid pursuing invitation justice breyer concludes matching particular facts case alabama legitimate punitive damages objectives ante award grossly excessive ibid exercise engaging ultimately tells us big judged unfair measure big cap kind legislature order mathematical test divine impose big end amount five members bridle see distinctive printing packaging cox neb per curiam unitive vindictive exemplary damages contravene neb const art vii thus allowed jurisdiction santana registrars voters worcester mass punitive damages permitted unless expressly authorized statute fisher properties en banc life ins georgia johnson alabama revised state regime assessments punitive damages henceforth trials bifurcated initially juries instructed determine liability amount compensatory damages also jury return special verdict question whether punitive damages award warranted jury bmw north america gore answers yes punitive damages question trial resumed presentation evidence instructions relevant amount appropriate award punitive damages postverdict trial review subsequent appellate review amount final punitive damages judgment paid trial trial order payment litigation expenses including plaintiff attorney fees instruct clerk divide remainder equally plaintiff state general fund provision payment state general fund applicable judgments yet satisfied therefore apply judgment gore case page