The Federal Supreme Court of Germany held in 1992 that U.S. punitive damages awards are unenforceable in Germany because they violate the “ordre public” – – the fundamental values of Germany’s justice system. The Federal Supreme Court got it wrong, according to this article by Madeleine Tolani (U.S. Damages Before German Courts: A Comparative Analysis with Respect to the Ordre Public).
Foreign Courts
U.S. punitive damages in German courts
September 20, 2011
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