Punitive Damages, Other Acts Evidence, and the Constitution

The United States Supreme Court is actively engaged in a hostile takeover of the punitive damages jurisprudence that historically has been owned and operated by the states. In so doing, it is fueling the mounting criticism of the Court's constitutionalization of this important area of tort law.' The Court's recent decision in State Farm Mutual A utomobile Insurance Co. v. Campbell represents its latest encroachment, though this time the Court effectively constitutionalizes an important area of evidence law, at least when applied in the punitive damages context.