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05/07/2005

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Matt

If one were going to cap damages with respect to nuclear power plants, wouldn't it make more sense to cap compensatory damages? Assuming one gets over the hurdle (and I haven't) of capping damages in the first place?

Capping compensatory damages would acknowledge the fact that there is some risk associated with nuclear power, and the benefits are worth the potential cost to a few individuals, if those costs can be clearly determined by a cap.

Capping punitive damages removes the deterrent factor which would presumably keep safety standards high. Given that an award of punitive damages typically requires gross negligence at a minimum, the bar is already high. Not to mention the fact that the US Supreme Court has already effectively capped punitives.

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