Comment by Philip Ackerman
In 1996, the Louisiana Legislature repealed Civil Code Article 2315.3, which had authorized punitive damages in cases involving the storage, handling, or transportation of hazardous substances. This Comment examines the history of punitive damages and the common doctrinal criticisms of the use of such damages. After exploring the efforts of several states to reform the use of punitive damages, the Comment analyzes the rationales offered by the Louisiana Legislature in support of the tort-reform repeal of Article 2315.3. The Comment concludes that the several rationales offered by the legislature were not well-served by the repeal and suggests that the repeal was more in response to industry political power than to doctrinal concerns with punitive damages.
About the Author
Philip Ackerman.
Citation
72 Tul. L. Rev. 327 (1997)