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May 03, 2021


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Of course, everyone's damages calculation should be reduced to the lowest level, right? That would be "equal" ...

Or, should we ignore disparities in education and training and employment (which, to be sure, may reflect demographic inequalities, as in the pampered law professors who went to private schools and elite universities and earn excessive and often unmerited salaries) and award the guy who flips burgers at McD's the same future loss of earnings as the brain surgeon?

Of course, this discussion is, as usual, mostly based on ignorance. Loss of future earning capacity is based on the individual, not uniformly determined, as in the Marxist utopia that seems to be envisioned here. Experts may opine about loss of future income capacity using labor statistics that are applicable to the individual, not group identity.

In other words, the proposal here seems to come down to the notion that the formula for calculating damages should be decided by the junta, using its "empathy" for certain persons to favor those persons.

Valerie Hans

It's probably even more concerning than Steve Lubet reports. The discrimination inherent in the use of race/sex tables that Professors Yuracko and Avraham document is also likely to affect the jury's assessment of noneconomic damages such as pain and suffering. We know from extensive research that the economic damages operate as an anchor that influences the determination of noneconomic damages. Additionally, in a recent article in the Southern California Law Review, Jonathan Cardi, Gregory Parks, and I show how implicit bias leads to devaluation of African American plaintiffs' injuries.

The article is at this link:

Douglas B. Levene

Huh. In calculating lost wages for a deceased male, is it OK to use the average life of males rather than the average life of all persons?

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