More on the recently approved damages cap in South Carolina

A few weeks ago I reported that South Carolina approved a new law capping punitive damages with what some called a "flexible cap."  I posted a quick comment here, essentially thinking that the cap seemed so flexible it was difficult to think when it would apply at all.  The folks at the Abnormal Use blog are wondering the same thing....  plus they point out the fact that because the act leaves so many questions unanswered, it actually encourages more litigation.