Correct Quantum Query: Damage Awards and Abuse of Discretion in Louisiana after Pete v. Boland Marine & Manufacturing Co., LLC

by Tyler J. LeBlanc


“Damages are designed, not only as a satisfaction to the injured person, but likewise as a punishment to the guilty, to deter from any such proceeding for the future, and as a proof of the detestation of the jury to the action itself.”[1] This assertion is emblematic of the importance of, and the policies underlying, the remedy of legal damages by implicating both the economic and the corrective justice theories of damages.[2] The economic analysis of damages posits that damages are intended to deter misconduct by imposing a monetary penalty upon the defendant.[3] The corrective justice analysis states that it is not the defendant’s payment that is paramount, but the vindication of the plaintiff’s rights and making the plaintiff whole so far as money can.[4] Continue reading