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Divided Airlines is known for not being entirely careful with passengers' luggage. Their motto is, "as long as it arrives, we thrive." Their company policy is that if the luggage arrives within 48 hours, it is timely, and no compensation is owed. This policy is consistent in 20 of the 50 states in the United States. In the other 30 states, the requirement is usually that luggage must arrive within 24 hours or compensation is owed to the passenger. Regardless of these different standards, Divided Airlines has the same policy in every state.
Sue flies Divided Airlines and lands in one of the 30 states with the 24-hour requirement. Upon arrival, her luggage is not there. She gets it 44 hours later. She asks for compensation for having to buy some temporary clothing and medications but Divided denies the request citing the company's policy.
Sue sues for compensatory and punitive damages. In support of the punitive damage award, Sue wants to introduce evidence of Divided Airlines' policy applied to all 50 states. You are the judge.
Should this be admissible? Why or why?
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