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Some states have proposed or enacted legislation that mandates a portion of punitive damage awards be given to the state. What might be the rationale behind this approach? Do you think this approach is fair? Keep in mind the differences between compensatory and punitive damages.

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The rationale for this approach stems from the definition of punitive damages and what they were meant to achieve when they were first established. It is a way to pay a debt to society rather than ...

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Returning a portion of punitive damages to the state