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COMPLEX LITIGATION (contined)
Page 5
At least in the mass tort context, therefore, in which the number of claimants is large, the pool of available punitive damages dollars may be a classic "limited fund" warranting "limited punishment" through 23(b)(1)(B) certification for a single punitive damages trial, or a comprehensive settlement of punitive damages liability.
Punitive damages must sting and must be unpredictable if they are to serve the purpose of punishment and deterrence.  Yet these functions do not vest particular plaintiffs with constitutional rights to receive punitive damages.
In contrast, defendants hold due process rights in the punitive damages context and are entitled to protect themselves against disproportionate awards.  Thus, certification of a class mandatory only as to punitive damages avoids the infringement of individual rights to compensatory awards and, at the same time, accommodates a defendant's interest in preventing disproportionate punitive awards.
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