Rifkind & Sterling, Inc. v. Rifkind

Opinion

FUKUTO, J.

Concern about potential for arbitrariness in punitive damage awards by juries has recently led to recognition of certain constitutional, due process limitations on the imposition of such awards. In this case, the appellant contends that one of those limitations, the requirement of judicial review, must apply to a punitive damage award assessed not by a court or a jury, but by a private arbitrator, under a voluntary agreement to arbitrate. We disagree. We conclude that, just as the constitutional guarantees of due process do not control private arbitration proceedings,…