1. When State Farm appealed the jury’s punitive-damage award, it argued that such a disproportionately large punitive-damage award ($145 million) was a violation of the Due Process Clause. Do you agree or disagree?

2. The Due Process Clause, like all the protections in the Bill of Rights, is meant to apply to government agents, not to private parties. Should a civil jury be considered a government actor or a private actor under the Due Process Clause?

3. How can one determine what constitutes an excessive award of damages that violates a defendant’s right to due process, compared to one that does not violate the Due Process Clause? Is this distinction clear?