Ratio Analysis (Punitive)

Ratio Analysis (Punitive)

Ratio Analysis (Punitive)

Under State Farm v. Campbell, the ratio of punitive to compensatory damages is one of three guideposts for due process review. The Court indicated that few awards exceeding a single-digit ratio will satisfy due process.

Substantial compensatory awards suggest a lower permissible ratio.

Alternative Names:

Punitive Ratio, Compensatory to Punitive Ratio

Why it Matters?

The guidance that a substantial compensatory award may support a ratio approaching one to one is the point defendants underuse, since a large compensatory verdict compresses rather than expands the permissible punitive range. Reprehensibility remains the most important guidepost, so the ratio argument works best paired with evidence that the conduct fell at the lower end of the reprehensibility scale.

Frequently asked questions

What ratio satisfies due process?

What ratio satisfies due process?

The Court indicated few awards exceeding single digits will comply, and a substantial compensatory award may support a ratio near one to one.

Which guidepost matters most?

Which guidepost matters most?

Reprehensibility, which makes the ratio argument strongest when paired with evidence the conduct was at the lower end of that scale.