 Since this is a somewhat new law so far, no further explanatory regulation regarding a detailed amount and applicable scope is promulgated guiding the application of this rule, so a court judge may have discretional power to decide punitive damages case by case under this new law.Punitive damages are a settled principle of common law in the United States.They are generally a matter of state law (although they can also be awarded under Federal maritime law), and thus differ in application from state to state.