Abstract

Damage awards of US courts arouse suspicion in Europe and Germany for many reasons. It is highly disputed whether they can be recognized and enforced in Germany.' This article can address only some of the concerns raised by German courts and writers and is confined to excessive damage awards which are a special concern of small German companies and their insurers. Normally those companies do not have sufficient assets in the United States and an American judgment creditor has to enforce the decision in Germany. Especially the excessive amounts of American products liability awards are not an isolated phenomenon but come together with procedural rules which favor such high awards and sometimes seem rather exotic2 to German lawyers and defendants. This includes American excessive jurisdiction (minimum contacts) over foreign export companies;3 class actions which enable high damage awards

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