66.770 Limiting Instructions

66.770 Limiting Instructions (Note: Another facet of State Farm Mutual Automobile Insurance Company v. Campbell, 538 US 408; 123 S. Ct. 1513 (2003) is strong criticism of improper jury consideration of certain factors in setting the amount of punitive damages. Two factors criticized are punishment for dissimilar conduct and punishment of conduct outside the trial state, with certain exceptions. If there is no evidence of these issues in the case, limiting instructions may be unnecessary. However, they may be a wise precaution. If there is such evidence, limiting instructions must be given but may restrict consideration of the evidence for proper purposes. The language of limiting charges will likely be hotly disputed. The following are starting points only. They should be addressed in pretrial.)