Punitive Damages - Addressing the Constitutionality of Punitive Damages in the Third Circuit

INTRODUCIONUnited States courts first awarded punitive damages in Genay v. Norris' in 1784.2Today, courts frequently award punitive damages.3 The frequency and magnitude 4 of punitive damages awards raise particular con-1. 1 S.C.L. (1 Bay) 6, 6 (1784).In Genay, the South Carolina Supreme Court awarded "vindictive damages" against the defendant physician.Id.The plaintiff and the defendant, who were both intoxicated, prepared to settle a quarrel with pistols.Id.Before the altercation, the defendant proposed a reconciliation toast.. I. Nonetheless, in order to harm the plaintiff, the defendant secretly spiked plaintiff's wine glass.Id. at 7.