honda motor oberg argued april decided june finding petitioner honda motor liable injuries respondent oberg received driving vehicle manufactured sold honda oregon jury awarded oberg punitive damages five times amount compensatory damages award affirming state appeals state rejected honda argument punitive damages award violated due process excessive oregon courts power correct excessive verdicts amendment state constitution prohibits judicial review amount punitive damages awarded jury unless affirmatively say evidence support verdict latter relied heavily fact state product liability punitive damages statute jury instructions case provided least much guidance upheld pacific mut life ins haslip also declined interpret haslip hold due process requires amount punitive damages award subject appellate review noted oregon courts powerless may vacate judgment evidence supporting jury decision appellate review available test sufficiency jury instructions held oregon denial review size punitive damages awards violates fourteenth amendment due process clause pp constitution imposes substantive limit size punitive damages awards pacific mut life ins haslip txo production alliance resources opinions cases strongly emphasized importance page ii procedural component due process clause suggest analysis focus oregon departure traditional procedures pp judicial review size punitive damages awards safeguard excessive awards common law see blunt little modern practice federal courts every state except oregon judges review size awards see dagnello long island pp dramatic difference judicial review common law scope review available oregon least since state definitively construed amendment van lom schneiderman oregon law provided procedure reducing setting aside punitive damages award basis relief amount awarded oregon half century inferred passion prejudice size damages award decade even hinted might possess power courts power state mentioned responding honda arguments case review provided ensures evidence support punitive damages evidence supports amount actually awarded thus leaving possibility guilty defendant may unjustly punished pp hesitated find proceedings violative due process party deprived well established common law protection arbitrary inaccurate adjudication see tumey ohio punitive damages pose acute danger arbitrary deprivation property since jury instructions typically leave jury wide discretion choosing amounts since evidence defendant net worth creates potential juries use verdicts express biases big businesses oregon removed one procedural safeguards common law provided danger without providing substitute procedure without indication danger way subsided time hurtado california international shoe washington distinguished pp safeguards oberg claims oregon provided limitation punitive damages amount specified complaint clear convincing standard proof determination maximum allowable punitive damages detailed jury instruction adequately safeguard page iii arbitrary awards fact jury arbitrary decision acquit defendant charged crime unreviewable offer historic basis discretion civil cases due process clause says nothing arbitrary grants freedom whole purpose prevent arbitrary deprivations liberty property pp stevens delivered opinion blackmun scalia kennedy souter thomas joined scalia filed concurring opinion ginsburg filed dissenting opinion rehnquist joined honda motor oberg justice stevens delivered opinion amendment oregon constitution prohibits judicial review amount punitive damages awarded jury unless affirmatively say evidence support verdict question presented whether prohibition consistent due process clause fourteenth amendment hold petitioner manufactured sold vehicle overturned respondent driving causing severe permanent injuries respondent brought suit alleging petitioner knew known vehicle inherently unreasonably dangerous design jury found petitioner liable awarded respondent compensatory damages punitive damages compensatory damages however reduced respondent negligence contributed accident appeal relying recent decision pacific mut life ins haslip petitioner argued award punitive damages violated due process clause fourteenth amendment honda motor oberg punitive damages excessive oregon courts lacked power correct excessive verdicts oregon appeals affirmed oregon latter relied heavily fact oregon statute governing award punitive damages product liability actions jury instructions case contain substantive criteria provide least much guidance factfinders alabama statute jury instructions upheld haslip oregon also noted oregon law provides additional protection requiring plaintiff prove entitlement punitive damages clear convincing evidence rather mere preponderance recognizing state courts interpreted haslip including clear constitutional mandate meaningful judicial scrutiny punitive damage awards adams murakami honda motor oberg see also alexander alexander evander dixon nevertheless declined interpret haslip hold award punitive damages comport requirements due process clause always must subject form appellate review includes possibility remittitur also noted trial appellate courts entirely powerless judgment may vacated evidence support jury decision appellate review available test sufficiency jury instructions granted certiorari consider whether oregon limited judicial review size punitive damage awards consistent decision haslip ii recent cases recognized constitution imposes substantive limit size punitive damage awards pacific mut life ins haslip txo production alliance resources although fail draw mathematical bright line constitutionally acceptable constitutionally unacceptable slip haslip majority justices agreed due process clause imposes limit punitive damage awards plurality txo assented proposition grossly excessive punitive damages violate due process slip justice dissented favored rigorous standards noted thus common ground award may excessive violate due process slip case honda motor oberg us today directly concerned character standard identify unconstitutionally excessive awards rather confronted question procedures necessary ensure punitive damages imposed arbitrary manner specifically question whether due process clause requires judicial review amount punitive damage awards opinions haslip txo strongly emphasized importance procedural component due process clause haslip held common law method assessing punitive damages violate procedural due process holding stressed availability meaningful adequate review trial subsequent appellate review similarly txo plurality opinion found fact award reviewed upheld trial judge unanimously affirmed appeal gave rise strong presumption validity slip concurring judgment justice scalia joined justice thomas considered sufficient traditional common law procedures followed particular noted procedural due process requires judicial review punitive damages awards reasonableness slip opinions suggest analysis case focus oregon departure traditional procedures therefore first contrast relevant common law practice oregon procedure state described system trial jury judge reduced status mere monitor van lom schneiderman examine constitutional implications oregon deviation established common law procedures honda motor oberg iii judicial review size punitive damage awards safeguard excessive verdicts long punitive damages awarded one earliest reported cases involving exemplary damages huckle money wils arose king george iii attempt punish publishers allegedly seditious north briton king agents arrested plaintiff journeyman printer home detained six hours although defendants treated plaintiff rather well feeding beefsteaks beer suffered little damages jury awarded enormous sum almost three hundred times plaintiff weekly wage defendant lawyer requested new trial arguing jury award excessive plaintiff counsel hand argued cases tort never interpose setting aside verdicts excessive damages denied motion new trial chief justice explicitly rejected plaintiff absolute rule review damages amounts instead noted damages outrageous mankind first blush must think may grant new trial excessive damages accord view amount award relevant motion new trial chief justice noted pon whole opinion damages excessive ibid subsequent english cases generally deferring jury determination damages steadfastly upheld power order new trials solely basis damages high fabrigas mostyn damages may monstrous excessive honda motor oberg evidence passion partiality jury sharpe brice never laid grant new trial excessive damages cases tort leith pope cases tort interpose account largeness damages unless flagrantly excessive afford internal evidence prejudice partiality jury jones sparrow new trial granted excessive damages goldsmith lord sefton anst exch hewlett cruchley taunt well acknowledged courts westminster hall whether actions criminal conversation malicious prosecutions words matter damages clearly large courts send inquiry another jury respondent calls attention case beardmore carrington wils asserted one single case law books found granted new trial excessive damages actions torts respondent infer statement century common law provide honda motor oberg judicial review damages respondent argument overlooks several crucial facts first beardmore case antedates one cases cited previous paragraph even respondent interpretation case correct interpretation english courts rejected soon thereafter second beardmore cites least one case concedes granted new trial excessive damages chambers robinson str although characterizes case wrongly decided third say one single case books say little much small proportion decided cases reported example year beardmore decided common pleas cases recorded standard reporter wils finally inference respondent draw century english common law permit judge order new trials excessive damages explicitly rejected beardmore cautioned inference desire understood say lay rule never happen case excessive damages tort may grant new trial common law courts followed english predecessors providing judicial review size damage awards emphasized deference ordinarily afforded jury verdicts recognized juries sometimes awarded damages high require correction thus justice story sitting circuit justice ordered new trial honda motor oberg unless plaintiff agreed reduction damages explaining ruling noted question excessive damages agree may grant new trial excessive damages indeed exercise discretion full delicacy difficulty clearly appear jury committed gross error acted improper motives given damages excessive relation person injury much duty interfere prevent wrong case blunt little cc mass century ratification fourteenth amendment many american courts reviewed damages partiality passion prejudice nevertheless difficulty probing juror reasoning passion prejudice review fact review amount awards judges infer passion prejudice partiality size award coffin coffin mass honda motor oberg cases personal injury verdict may set aside excessive damages exorbitancy must conclude jury acted passion partiality corruption taylor giger actions tort new trial granted excessiveness damages unless damages found enormous shew jury improper influence led astray violence prejudice passion mcconnell hampton johns granting new trial excessive damages noting courts legal right grant new trials excessive damages actions tort nowhere denied belknap boston maine setting aside compensatory punitive damages think evident jury affected partiality prejudice nineteenth century treatises similarly recognized judges authority award new trials basis size damage awards graham treatise law new trials ed ven personal torts jury find outrageous damages clearly evincing partiality prejudice passion interfere relief defendant order new trial sedgwick treatise measure damages ed holds liberty set aside verdicts grant new trials whenever damages excessive create belief jury misled either passion prejudice ignorance sutherland treatise law damages punitive damages submitted jury amount honda motor oberg may think proper allow accepted unless exorbitant indicate influenced passion prejudice perverted judgment modern practice consistent earlier authorities federal courts every state except oregon judges review size damage awards see dagnello long island citing cases except alaska maryland oregon nome ailak alaska alexander alexander dixon evander cert denied md texaco pennzoil grimshaw ford motor draper excessiveness inadequacy punitive damages awarded personal injury death cases schapper judges juries appellate review federal civil jury verdicts iv dramatic difference judicial review punitive damages awards common law scope review available oregon oregon trial judge oregon appellate may order new trial jury properly instructed error occurred trial evidence support punitive damages defendant basis relief amount punitive damages jury awarded oregon provides procedure reducing setting aside award law oregon least since state announced opinion van lom schneiderman honda motor oberg definitively construing amendment oregon constitution case held power reduce set aside award compensatory punitive damages admittedly excessive recognized constitutional amendment placing limitation power departure traditional common law approach opinion characterization oregon lonely eminence regard still accurate portrayal unique position every state union affords judicial review honda motor oberg amount punitive damages award see supra subsequent decisions reaffirmed oregon judges lack authority order new trials relief remedy excessive damages fowler courtemanche authorized exercise common law powers unhesitatingly hold award punitive damages excessive tenold weyerhaeuser oregon examine jury award ensure compliance statutory limit noneconomic damages respondent argues oregon procedures deviate common law practice oregon judges power examine size award determine whether jury influenced passion prejudice simply incorrect earliest oregon cases interpreting amendment squarely held oregon courts lack precisely power timmins hale mcculley homestead bakery although dicta later cases suggested issue might eventually revisited see van lom earlier holdings remain oregon law oregon half century inferred passion prejudice size damages award decade even hinted courts might possess power finally oregon courts evaluate excessiveness honda motor oberg punitive damage awards passion prejudice review oregon mentioned power case petitioner argued oregon procedures unconstitutional precisely failed provide judicial review size punitive damage awards oregon responded rejecting idea judicial review size punitive damage awards required haslip noted two state appellate courts including california reached opposite conclusion respondent claims oregon law provides passion prejudice review excessive verdicts oregon obvious response petitioner argument respondent also argues oregon provides adequate review trial judge overturn punitive damage award substantial evidence support award punitive damages see fowler courtemanche argument unconvincing review provided oregon courts ensures evidence support punitive damages evidence support amount actually awarded oregon judicial review ensures punitive damages awarded defendants entirely innocent conduct warranting exemplary damages oregon unlike common law provides assurance whose conduct sanctionable punitive damages subjected punitive damages arbitrary amounts concerned possibility guilty defendant may unjustly honda motor oberg punished evidence guilt warranting punishment substitute evidence providing least rational basis particular deprivation property imposed state deter future wrongdoing oregon abrogation well established common law protection arbitrary deprivations property raises presumption procedures violate due process clause stated first due process cases traditional practice provides touchstone constitutional analysis murray hoboken land improvement tumey ohio brown mississippi winship burnham superior county marin pacific mut life ins haslip basic procedural protections common law regarded fundamental cases arisen party complained denial fact due process decisions involve arguments traditional procedures provide little protection additional safeguards necessary ensure compliance constitution ownbey morgan burnham superior county marin pacific mut life haslip nevertheless handful cases party deprived liberty property without safeguards common law procedure hurtado california tumey ohio brown mississippi oliver winship absent procedures provided protection arbitrary inaccurate adjudication hesitated find honda motor oberg proceedings violative due process tumey ohio brown mississippi oliver winship course deviations established procedures result constitutional infirmity noted hurtado hold procedural change unconstitutional deny every quality law age render incapable progress improvement review cases however suggests case us unlike abrogations common law procedures upheld hurtado example examination neutral magistrate provided criminal defendants nearly protection abrogated common law grand jury procedure oregon contrast provided similar substitute protection provided judicial review amount awarded jury punitive damages similarly international shoe washington upheld extension state jurisdiction persons physically present spite contrary well established prior practice change however necessitated growth new business entity corporation whose ability conduct business without physical presence created new problems envisioned rules developed another era see burnham addition dramatic improvements communication transportation made litigation distant forum less onerous similar social changes suggest need oregon abrogation judicial review improvements technology render unchecked punitive damages less onerous anything rise large interstate honda motor oberg multinational corporations aggravated problem arbitrary awards potentially biased juries punitive damages pose acute danger arbitrary deprivation property jury instructions typically leave jury wide discretion choosing amounts presentation evidence defendant net worth creates potential juries use verdicts express biases big businesses particularly without strong local presences judicial review amount awarded one procedural safeguards common law provided danger oregon removed safeguard without providing substitute procedure without indication danger arbitrary awards way subsided time reasons hold oregon denial judicial review size punitive damage awards violates due process clause fourteenth amendment honda motor oberg vi respondent argues oregon provided safeguards arbitrary awards event exercise unreviewable power jury consistent jury historic role judicial system respondent points four safeguards provided oregon courts limitation punitive damages amount specified complaint clear convincing standard proof determination maximum allowable punitive damages detailed jury instructions first limitation punitive damages amount specified hardly constraint limit amount plaintiff request unclear whether award exceeding amount requested set aside see tenold weyerhaeuser oregon constitution bars examining jury award ensure compliance statutory limit noneconomic damages second safeguard clear convincing standard proof important check unwarranted imposition punitive damages like substantial evidence review discussed supra provides assurance whose conduct sanctionable punitive damages subjected punitive damages arbitrary amounts regarding third purported constraint respondent cites cases support idea oregon courts set maximum punitive damage awards advance verdict aware implements procedure respondent final safeguard proper jury instruction well established course important check excessive awards problem concerns us however possibility honda motor oberg jury follow instructions may return lawless biased arbitrary verdict support argument historic basis making jury final arbiter amount punitive damages respondent calls attention early civil criminal cases jury allowed judge law well facts see johnson louisiana powell concurring already explained civil cases jury discretion determine amount damages constrained judicial review criminal cases establish honda motor oberg practice today jury arbitrary decision acquit defendant charged crime completely unreviewable however vast difference arbitrary grants freedom arbitrary deprivations liberty property due process clause nothing say former whole purpose prevent latter decision punish tortfeasor means exaction exemplary damages exercise state power must comply due process clause fourteenth amendment common law practice procedures applied every state strong presumption favoring judicial review applied areas law elementary considerations justice support conclusion decision committed unreviewable discretion jury judgment reversed case remanded oregon proceedings inconsistent opinion ordered footnotes many early cases unclear whether case specifically concerns punitive damages merely ordinary compensatory damages since suggestion different standards judicial review applied punitive compensatory damages twentieth century effort made separate two classes case see brief legal historians daniel coquillette et al amici curiae discussing together punitive damages personal injury cases involving damages justice story grant new trial clearly accord established common law procedure remittitur withdrawal new trial plaintiff agreed specific reduction damages may innovation see dimick schiedt hand remittitur may better historical pedigree previously thought see king watson motion common pleas set aside verdict excessive damages recommended compromise hurry agreeing accept pounds discharged rule aspect passion prejudice review recognized many opinions industries kelco disposal pacific mut life ins haslip honda motor oberg scalia concurring txo production alliance resources slip kennedy concurring slip dissenting amended article vii oregon constitution provides actions law value controversy shall exceed twenty dollars right trial jury shall preserved fact tried jury shall otherwise reexamined state unless affirmatively say evidence support verdict opinion verdict excessive members think award punitive damages excessive others awards compensatory punitive damages excessive since majority opinion power disturb verdict deemed necessary discuss grounds divergent views van lom schneiderman guaranty right jury trial suits common law incorporated bill rights one first ten amendments constitution interpreted refer jury trial theretofore known england federal judges like english judges always exercised prerogative granting new trial verdict clearly weight evidence whether excessive damages awarded reason state courts conceded similar powers people adopted art vii constitution state union far advised method control jury prevail last reported decision suggest new trial might ordered size award suggested passion prejudice trenery score noting doubtful passion prejudice review continues available see also foley pittenger recent decisions suggest type passion prejudice review envisioned common honda motor oberg law former repealed ch longer available see tenold weyerhaeuser respondent cites support argument chicago cole holmes case upheld provision oklahoma constitution providing defense contributory negligence shall left jury chicago provides little support respondent case justice holmes reasoning relied fact state completely abolish defense contributory negligence case however different txo haslip opinions establish abolish limits award punitive damages case pose difficult question standard review constitutionally required although courts adopting deferential approach use different verbal formulations may much practical difference review focuses passion prejudice gross excessiveness whether verdict great weight evidence may rough equivalents standard articulated jackson virginia whether rational trier fact reached verdict respondent also argues empirical evidence supports effectiveness safeguards points analysis amicus showing average punitive damage award products liability case oregon less national average brief trial lawyers public justice amicus curiae welcome respondent introduction empirical evidence effectiveness oregon legal rules statistics undermined fact oregon average computed two punitive damage awards well known one draw valid statistical inferences small number observations empirical evidence fact supports importance judicial review size punitive damage awards exhaustive study punitive damages establishes half punitive damage awards appealed half appealed resulted reductions reversals punitive damages percent cases appealed judge found damages excessive rustad defense punitive damages products liability testing tort anecdotes empirical data iowa statistics understate importance judicial review consider appellate review rather review trial may even significant ignore fact plaintiffs often settle less amount awarded fear appellate reduction damages see ibid judicial deference jury verdicts may stronger century america england judges power order new trials excessive damages contested see nelson honda motor oberg eighteenth century background john marshall constitutional jurisprudence horwitz transformation american law nevertheless case concerns due process clause fourteenth amendment century american practice crucial time present purposes burnham superior county marin demonstrated supra time fourteenth amendment ratified power judges order new trials excessive damages well established american courts addition idea jurors find law well fact inconsistent judicial review excessive damages see coffin coffin mass honda motor oberg justice scalia concurring join opinion full explanation requires supplement briefly description occurred amendment article vii oregon constitution oregon courts developed applying common law standards limited size damage awards see adcock oregon approving trial decision grant remittitur jury damage award excessive see also van lom schneiderman amendment terms eliminate substantive standards altered procedures judicial review fact tried jury shall otherwise reexamined state unless affirmatively say evidence support verdict emphasis added oregon courts appear believe state law reasonableness limit upon amount punitive damages subsists enforced process judicial review van lom example oregon trouble concluding damage award excessive see held honda motor oberg amendment removed power correct miscarriage justice ordering new trial opinion establishes right review eliminated amendment procedure traditionally accorded common law deprivation property without observing providing reasonable substitute important traditional procedure enforcing limits upon deprivation violates due process clause honda motor oberg justice ginsburg chief justice joins dissenting product liability cases oregon guides limits factfinder discretion availability amount punitive damages plaintiff must establish entitlement punitive damages specific substantive criteria clear convincing evidence factfinder jury decision subject judicial review extent trial appellate may nullify verdict reversible error occurred trial jury improperly inadequately instructed evidence support verdict absent trial error evidence support award punitive damages however oregon constitution article vii provides properly instructed jury verdict shall reexamined oregon procedures conclude adequate pass constitution due process threshold therefore honda motor oberg dissent judgment upsetting oregon disposition case assess constitutionality oregon scheme turn first recent opinions pacific mut life ins haslip txo production alliance resources upheld punitive damage awards cases indicated due process imposes outer limit remedies type significantly neither decision declared specific procedures substantive criteria essential satisfy due process haslip expressed concerns unlimited jury discretion unlimited judicial discretion matter fixing punitive damages refused draw mathematical bright line constitutionally acceptable constitutionally unacceptable regarding components constitutional calculus simply referred general concerns reasonableness need adequate guidance case tried jury ibid txo majority agreed punitive damage award may grossly excessive violate due process clause slip plurality opinion slip kennedy concurring part concurring judgment slip dissenting plurality view however judgment product fair procedures entitled strong presumption validity presumption persuasive reasons indicated irrebuttable virtually id slip citing haslip supra scalia concurring judgment kennedy concurring honda motor oberg judgment opinion stating plurality position recalled haslip touchstone concern reasonableness due process essentially requires slip quoting haslip supra writing plurality justice stevens explained suggest defendant substantive due process right correct determination reasonableness punitive damages award justice points state law generally imposes requirement punitive damages reasonable violation state law reasonableness requirement however necessarily establish award grossly excessive violate federal constitution slip citation omitted procedures oregon courts followed case satisfy due process limits indicated haslip txo jurors adequately guided trial instructions honda maintained full presentation award question grossly excessive violate federal constitution txo supra slip honda motor oberg several mechanisms channeled jury discretion tightly case either haslip txo first providing least protection unguided utterly arbitrary jury awards respondent karl oberg permitted recover amounts specified complaint compensatory damages million punitive damages see wiebe seely lovejoy specialty hosp advocates life trial properly instructed jury damage cap see provision oregon law appears preclude defendant seeking instruction setting lower cap evidence trial support award amount demanded additionally trial judge relates incorrect maximum amount defendant timely objects may gain modification nullification verdict see timber access industries papers second oberg allowed introduce evidence regarding honda wealth presented evidence sufficient justify prima facie claim punitive damages see also course trial evidence defendant ability pay shall admitted honda motor oberg unless party entitled recover establishes prima facie right recover punitive damages evidentiary rule designed lessen risk juries use verdicts express biases big businesses ante see also requiring factfinder take account total deterrent effect punishment imposed upon defendant result misconduct third significant trial instructed jury honda found liable punitive damages unless oberg established clear convincing evidence honda show ed wanton disregard health safety welfare others governing product liability actions see also except otherwise specifically provided law claim punitive damages shall established clear convincing clear convincing evidence requirement considerably rigorous standards applied alabama haslip west virginia txo constrain jury discretion limiting punitive damages egregious cases haslip supra dissenting nothing oregon law appears preclude new trial order trial judge informed jury verdict determines charge adequately explain clear convincing standard means see honda motor oberg rule authorizing grant new trial initiative fourth perhaps important product liability cases oregon requires punitive damages awarded based seven substantive criteria set forth likelihood time serious harm arise defendant misconduct degree defendant awareness likelihood profitability defendant misconduct duration misconduct concealment attitude conduct defendant upon discovery misconduct financial condition defendant total deterrent effect punishment imposed upon defendant result misconduct including limited punitive damage awards persons situations similar claimant severity criminal penalties defendant may subjected honda motor oberg honda motor oberg honda motor oberg opinion haslip went describe checks alabama places jury discretion excessiveness review trial appellate review tests award specific substantive criteria review character available oregon seven factors alabama tests punitive awards strongly resemble statutory criteria oregon juries instructed apply often acknowledged generally respected presumption juries follow instructions given see shannon slip richardson marsh oregon observed haslip determined alabama procedure whole net effect violate due process clause oregon also observed correctly due process clause require subject punitive honda motor oberg damage awards form review includes possibility remittitur oregon requires factfinder apply objective criteria moreover procedures perhaps likely prompt rational fair punitive damage decisions post hoc checks employed jurisdictions following alabama pattern see haslip supra dissenting standards applied alabama assist juries make fair rational decisions unfortunately alabama courts give se factors jury instead jury standardless discretion impose punitive damages whenever whatever amount oregon concluded application objective criteria ensures sufficiently definite meaningful constraints imposed finder fact oregon also concluded statutory criteria adequately guiding jury worked ensur resulting award disproportionate defendant conduct need punish deter ibid honda motor oberg oregon conclusions buttressed availability least judicial review punitive damage awards oregon courts ensure evidence support verdict evidence support jury decision context evidence statutory prerequisites award punitive damages met trial appellate courts intervene vacate award see orcp trial may grant new trial evidence insufficient justify verdict law hill garner judgment notwithstanding verdict granted evidence support verdict state brown fact decided jury may reexamined reviewing say affirmatively evidence support jury decision parallel citations omitted addition punitive damage awards may set aside flaws jury instructions see honeywell sterling honda motor oberg furniture setting aside punitive damage award prejudicial error instruct jury portion award used pay plaintiff attorney fees another portion go state common injury fund acknowledges proper jury instructio well established course important check excessive awards ante ii short oregon enacted legal standards confining punitive damage awards product liability cases state standards judicially enforced means comparatively comprehensive procedures markedly limited review oregon elected make factfinding supporting evidence produced province jury cf chicago cole upholding due process challenge oklahoma constitution assignment contributory negligence assumption risk defenses jury unreviewable decision recognized state prerogative confer larger powers upon jury generally prevail minnesota clover leaf creamery stevens dissenting observing allocation functions within structure state government ordinarily matter state determine today invalidates choice largely concludes english early american courts generally provided judicial review size punitive damage awards see ante account relevant history compelling honda motor oberg confident either clarity early american common law import tellingly barely acknowledges large authority exercised american juries centuries early years nation juries usually possessed power determine law fact nelson eighteenth century background john marshall constitutional jurisprudence see georgia brailsford dall chief justice john jay trying case state party instructed jury authority determine law well fact controversy time trial jury recognized constitutional right parties uits common law amdt assessment uncertain damages regarded generally exclusively jury function see note judicial assessment punitive damages seventh amendment politics jury power see also revealing notably contracts scope inquiry asks common law judges claim power overturn jury verdicts viewed excessive full fair historical inquiry wider inspect comprehensively comparatively procedures employed trial appeal fix amount punitive damages evaluated manner oregon scheme affords honda motor oberg defendants like honda procedural safeguards century law provided detailed supra oregon instructs juries decide punitive damage issues based seven substantive factors clear convincing evidence standard fourteenth amendment adopted contrast particular procedures deemed necessary circumscribe jury discretion regarding award punitive damages amount haslip scalia concurring judgment responsibility entrusted jury surely guided instructions kind oregon enacted compare sutherland law damages committing wrong complained defendant acted recklessly wilfully maliciously design oppress injure plaintiff jury fixing damages may disregard rule compensation beyond may punishment defendant protection society violation personal rights social order award additional damages discretion may deem proper requiring jury consider inter alia likelihood time serious harm arise defendant misconduct degree defendant awareness likelihood profitability defendant misconduct duration misconduct concealment furthermore common law courts reviewed punitive damage verdicts extremely deferentially see day woodworth assessment exemplary punitive vindictive damages always left discretion jury degree punishment thus inflicted must depend peculiar circumstances case missouri pacific humes discretion jury cases honda motor oberg controlled definite rules barry edmunds actions torts precise rule law fixes recoverable damages peculiar function jury determine amount verdict true century judges occasionally asserted authority overturn damage awards upon concluding size award jury decision must based partiality passion prejudice ante courts rarely exercised authority see sedgwick measure damages ed power sparingly used oregon procedures assure adequate guidance case tried jury haslip cause disturb judgment instance honda presses procedural due process claim true petition certiorari repeated briefs honda attributed assumption procedural due process requires judicial review federal substantive due process excessiveness challenges size award pet cert emphasis original assertion regarding state law excessiveness challenges extraordinary never held due process clause requires state courts police jury factfindings ensure conformity state law see chicago cole earlier observed see supra plurality opinion txo disavowed suggestion defendant federal due process right correct determination state law reasonableness punitive damages award slip honda motor oberg honda asserted certiorari petition surely due process mention supremacy clause principles requires minimum state courts entertain pass federal law contention particular punitive verdict grossly excessive violate substantive due process oregon refusal provide even limited form review particularly indefensible pet cert may oregon procedures guide juries well grossly excessive verdict honda projects certiorari petition never materializes cf supra present awards punitive damages oregon reported two products liability cases including one however future case plea plausibly made particular punitive damage award merely excessive grossly excessive violate federal constitution txo slip oregon judiciary nevertheless insists powerless consider plea might cause grant review cf testa katt ruling obligation state honda motor oberg courts enforce federal law case us today honda maintain otherwise see supra size award honda appear line awards upheld haslip txo summarize oregon procedures adequately guide jury charged responsibility determine plaintiff qualification amount punitive damages account deny defendants procedural due process oregon correctly refused rule award punitive damages comport requirements due process clause always must subject form appellate review excessiveness emphasis added verdict particular case considered light decisions haslip txo hardly appears grossly excessive violate substantive component due process clause txo slip accordingly procedural directive state neither necessary proper oregon refused enforce federal law affirm judgment article vii oregon constitution reads actions law value controversy shall exceed right trial jury shall preserved fact tried jury shall otherwise reexamined state unless affirmatively say evidence support verdict oregon noted procedural due process context award punitive damages relates requirement procedure employed making award fundamentally fair substantive limit declared relates size award contrary suggestion ante based tenold weyerhaeuser decision intermediate appellate defendant appear objected trial instructions inaccurate incomplete insufficient failure inform jury concerning cap noneconomic damages haslip jury told award punitive damages reasonably satisfied evidence defendant committed fraud pacific mut life ins haslip txo jury instructed apply preponderance evidence standard see txo production alliance resources slip trial instructed jury punitive damages found plaintiff entitled general damages must consider whether award punitive damages punitive damages may awarded plaintiff addition general damages punish wrongdoers discourage wanton misconduct order plaintiff recover punitive damages defendant plaintiff must prove clear convincing evidence defendant shown wanton disregard health safety welfare others decide issue defendant may award punitive damages although required honda motor oberg punitive damages discretionary exercise discretion shall consider evidence following first likelihood time sale atv serious harm arise defendants misconduct number two degree defendants awareness likelihood number three duration misconduct number four attitude conduct defendant upon notice alleged condition vehicle number five financial condition defendant trial judge haslip instructed jury find fraud perpetrated addition compensatory damages may discretion use word discretion say even find fraud may law says may award amount money known punitive damages amount money awarded plaintiff compensate plaintiff injury punish defendant punitive means punish also called exemplary damages means make example feel feel reasonably satisfied evidence plaintiff ha fraud perpetrated upon direct result injured addition compensatory damages may discretion award punitive damages honda motor oberg purpose awarding punitive exemplary damages allow money recovery plaintiffs way punishment defendant added purpose protecting public deterring defendant others wrong future imposition punitive damages entirely discretionary jury means award unless jury feels award punitive damages fixing amount must take consideration character degree wrong shown evidence necessity preventing similar wrong internal quotation marks omitted jury instruction txo read addition actual compensatory damages law permits jury certain circumstances make award punitive damages order punish wrongdoer misconduct serve example warning others engage conduct provide additional compensation conduct injured parties subjected find preponderance evidence txo production guilty wanton wilful malicious reckless conduct shows indifference right others may make award punitive damages case assessing punitive damages take consideration circumstances surrounding particular occurrence including nature wrongdoing extent harm inflicted intent party committing act wealth perpetrator well mitigating circumstances may operate reduce amount damages object punishment deter txo production others committing like offenses future therefore law recognizes fact deter conduct may require larger fine upon one large means upon one ordinary means similar circumstances slip alabama factors whether reasonable relationship punitive damages award harm likely result defendant conduct well harm actually occurred degree reprehensibility defendant conduct duration conduct defendant awareness concealment existence frequency similar past conduct profitability defendant wrongful conduct desirability removing profit defendant also sustain loss financial position defendant costs litigation imposition criminal sanctions defendant conduct taken mitigation existence civil awards defendant conduct also taken mitigation citing green oil hornsby central alabama elec cooperative tapley indeed compatibility remittitur seventh amendment settled dimick schiedt oregon juries reported decisions indicate rarely award punitive damages present awards punitive damages reported two product liability cases involving oregon law including one see brief trial lawyers public justice amicus curiae punitive award case times amount compensatory damages times plaintiff expenses amount far distant award upheld haslip times amount compensatory damages times plaintiff expenses see million award sustained txo contrast times greater actual damages slip sparf jury power decide law conclusively rejected federal courts see riggs constitutionalizing punitive damages limits due process ohio inquiry order akin one made haslip see supra decision van lom schneiderman oregon merely held lacked authority order new trial even though award damages excessive state law see ante scalia concurring federal limit yet recognized van lom occasion consider obligation check jury verdicts deemed excessive federal law page