Willfulness uplift26 Sep 2022 19:23
Please can one of our legal experts confirm or correct something that hasn't quite seemed right to me...
It has been suggested that if the judge does not agree with the jury's damages award then the judge can adjust it using the willfulness uplift factor. This seems to me to lack transparency. It somewhat defeats the object of the jury's judgment, contradicts their independence and makes the willfulness factor misleading.
In my example the figures are just for illustration:
Say the judge believes that the base damages should be $800m and willfulness multiplier should be 1.5 hence an overall award of $1.2bn. If the jury awards $1.0bn then the suggestion is that the judge could apply a 1.2 willfulness multiplier and thereby achieve his $1.2bn award.
Do we know if this is really what happens?