Compensatory Damages

News & Analysis as of

Connecticut Supreme Court Rules No Punitive Damages Under the Connecticut Fair Employment Practices Act

The Connecticut Supreme Court recently set aside an award of statutory punitive damages in a disability discrimination case brought pursuant to Connecticut’s human rights law, the Connecticut Fair Employment Practices Act...more

EEOC Sues Marquez Brothers For Hispanic-Preference Hiring

Non-Hispanic Applicants Turned Away From Entry-Level Positions, Federal Agency Charges - FRESNO, Calif. - Marquez Brothers International, Inc. and its affiliates violated federal law when they failed to hire non-Hispanic...more

2016 eDiscovery Case Law Year in Review, Part 4

As we noted yesterday, Tuesday and Monday, eDiscovery Daily published 74 posts related to eDiscovery case decisions and activities over the past year, covering 62 unique cases! Yesterday, we looked back at cases related to...more

Fifth Circuit Rejects EEOC's Position on Punitive Damages for Age Discrimination

Last month, the Fifth Circuit Court of Appeals confirmed its earlier position that compensatory and punitive damages are not available to plaintiffs who allege violation of the Age Discrimination in Employment Act (ADEA)....more

Second Circuit Rejects Cumulative Liquidated Damages

On December 7, 2016, the U.S. Court of Appeals for the Second Circuit resolved a split among district courts within the circuit regarding whether liquidated damages may be awarded under both the Fair Labor Standards Act...more

Kansas City Gives St. Louis A Run For The Money–Literally

St. Louis and Kansas City have long been cross-state baseball rivals. Who can forget the 1985 I-70 World Series? So it is hardly surprising that on the eve of St. Louis being named by the American Tort Reform Association...more

Ohio Supreme Court Upholds Damage Caps As Applied To The Sexual Assault Of A Minor

Except for certain limited circumstances, Ohio law limits, or caps, the maximum amount a person can recover for noneconomic damages such as pain and suffering. The Ohio Supreme Court recently upheld this limitation of damages...more

EEOC Wins Jury Verdict in Sexual Harassment Case against Costco

Failure to Intervene Against Harassing Customer Created Hostile Work Environment, EEOC Charged - CHICAGO - A federal jury has awarded $250,000 in compensatory damages to a former employee of Costco Wholesale, Inc. who...more

Capital Restaurant Concepts, Ltd., d/b/a Paolo’s GT-LLC Sued By EEOC For Sex Discrimination

Agency Alleges That Teenage Employee Was Harassed Because Of His Sexual Orientation - Washington- Capital Restaurant Concepts, Ltd., d/b/a Paolo's GT-LLC, a District of Columbia corporation, violated federal law by...more

Former CFO Awarded $1.9 Million In SOX Case

An ALJ at the U.S. Department of Labor (DOL) recently ruled that a former CFO was entitled to approximately $1.9 million in back pay, front pay, and compensatory damages, concluding that he was retaliated against in violation...more

Kentucky Court Of Appeals Slashes Punitive Award Against Grant Thornton

A couple of months ago, the Kentucky Court of Appeals in Grant Thornton LLP v. Yung cut a trial court’s award of punitive damages from $80 million to $20 million—reducing the punitive/compensatory ratio to 1:1....more

How Concerned Should Insurers be About Punitive Damages in California?

The California Court of Appeal recently published another opinion about the Nickerson v. Stonebridge Life Insurance case. The court held to its maximum 10:1 punitive-to-compensatory-damages ratio and analyzed whether this...more

Missouri Supreme Court resets the rules for collecting leaking underground storage tank cleanup costs in litigation

An impactful decision from the Missouri Supreme Court will likely affect how leaking underground storage tank (“UST”) owners collect cleanup costs from the Petroleum Storage Tank Insurance Fund (“Fund”) in the future....more

EEOC Sues Spec Formliners for Pay Discrimination

Concrete Liner Company Failed to Pay Female and Male Sales Representatives Equally, Federal Agency Charges - LOS ANGELES - Spec Formliners, Inc., a Santa Ana, Calif.-based concrete liner company, violated federal law...more

Chris Lazarini Comments on Application of Manifest Disregard of the Law

Bass, Berry & Sims attorney Chris Lazarini commented on a case in which a former trader fraudulently purchased $1 billion in Apple shares that ultimately forced the closure of the trader's firm, Rochdale Securities. Rochdale...more

Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure...

In Nickerson v. Stonebridge Life Ins. Co. (No. B234271A, filed 11/3/16), (“Nickerson II”) a California appeals court outlined the requirements for complying with the single-digit multiplier annunciated as a Constitutional...more

EEOC Sues JL Schwieters Construction For Severe Race Harassment

Supervisor Threatened Black Workers With Gun and Noose, Federal Agency Charged - MINNEAPOLIS - A Hugo, Minn., construction company violated federal civil rights law by subjecting African-American employees to a hostile...more

St. Louis Jury Returns Another Jaw-Dropping Verdict Against Johnson & Johnson

In recent years, St. Louis has done much to earn a place on the American Tort Reform Association’s list of judicial hell holes. Not content to rest on its laurels, the St. Louis circuit court grabbed the headlines again last...more

EEOC Files Religious Discrimination Lawsuit Against Akebono Brake Corporation

Company Refused to Hire Woman as Temp Worker Because Her Religion Forbade Her to Wear Trousers, Federal Agency Charges - COLUMBIA, S.C. - Akebono Brake Corporation, a Michigan-based company that designs and manufactures...more

Rolling Stone Rolls With Early Favorable Rulings

Rolling Stone is not the first media outlet to defend itself in a multi-million dollar trial this year. Gawker Media was recently hit with a $140 million judgment resulting from a suit by Terry Bollea (a.k.a. Hulk Hogan) for...more

SPINAL TAPPED OUT: Harry Shearer’s Lawsuit is No Laughing Matter

For many of us, This is Spinal Tap remains the benchmark (if not the first great example) of the so-called “Mockumentary” genre of film. Since its first release in 1984 (it had a subsequent theatrical release thereafter) to...more

The High Price Of Trying To Enforce The Unenforceable

Readers of this blog will know that California marches to its own drummer when it comes to the enforceability of covenants not to compete. California Business & Professions Code Section 16600 declares these covenants void...more

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Things have been quiet in the world of punitive damages for the last few months, but two recent decisions substantially reducing punitive awards under the BMW/State Farm factors warrant mention. My colleague Miriam Nemetz...more

Employment Alert: "Federal Protection of Trade Secrets - the Defend Trade Secrets Act of 2016"

Earlier this year, Congress passed the Defend Trade Secrets Act ("DTSA"), a comprehensive amendment of existing legislation that previously addressed economic espionage and now provides for a private federal civil cause of...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

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