We know of only a couple of cases that have allowed
"experts" to testify on the subject of punitive damages.
First, in the Actos litigation, the court allowed
a so-called "ability to pay" expert opinion to be
presented to the jury. In re Actos (Pioglitazone) Products
Liability Litigation, 2013 WL 6383104, at *5 (W.D. La.
Dec. 4, 2013). What's that? We can only offer the description
found in the opinion:
[The expert] provided a report that describes the methodology by
which economists determine how large a payment a company can make
without significantly interrupting its business operations. The
report . . . discuss[es ] the two-step process that economists use
to evaluate financial information and to determine whether a
company has the wherewithal to make a large payout of whatever
nature. Finally, [the expert] explains how economists use financial
information to determine whether or not a company will be impacted
by the obligation to make a large payment.
