 In many states, including California and Texas, punitive damages are determined based on statute; elsewhere, they may be determined solely based on case law.Many state statutes are the result of insurance industry lobbying to impose "caps" on punitive damages; however, several state courts have struck down these statutory caps as unconstitutional.Punitive damages are entirely unavailable under "any" circumstances in a few jurisdictions, including Louisiana, Nebraska, Puerto Rico, and Washington.