News & Analysis as of

Compensatory Damages

Punitive Damages Overkill Redux: J&J Hit With Another Massive Disproportionate Punitive Award In Talc Litigation

Just about a week after suffering its third punitive award in pelvic-mesh litigation, Johnson & Johnson found itself on the wrong end of a $105 million punitive award—close to 20 times the $5.4 million compensatory award—in...more

United States Supreme Court Limits Sanctions Against Tire Manufacturer in Goodyear Tire & Rubber Co. v. Haeger (April 18, 2017)

In Goodyear Tire & Rubber Co. v. Haeger, plaintiffs asserted a products liability claim against Goodyear for a tire failure. The parties entered into a settlement agreement, after which plaintiffs discovered that Goodyear did...more

Caveat creditor: Risks of filing an involuntary bankruptcy

by Thompson Coburn LLP on

When faced with a recalcitrant debtor, clients sometimes move too quickly to put the debtor into an involuntary bankruptcy, especially when fraudulent transfers and other creditor avoidance attempts become apparent. But...more

EEOC Files Religious Discrimination Lawsuit Against J.C. Witherspoon, Jr., Inc.

Company Fired Hebrew Pentecostal Truck Driver Because of His Sabbath Requirement, Federal Agency Charges - CHARLESTON, S.C. - J.C. Witherspoon, Jr. Inc., a South Carolina corporation headquartered in Alcolu, violated...more

Fifth Circuit Denies Punitive and Compensatory Damages for ADEA Retaliation Claims, Creates Circuit Split

The U.S. Court of Appeals for the Fifth Circuit, which covers Texas, Louisiana, and Mississippi, recently found that punitive and compensatory damages are not available for retaliation claims brought under the federal Age...more

Punitive Damages and an Essential Jury Instruction

by Cozen O'Connor on

In one of our recent posts we touched on punitive damages in the context of one of the Pinnacle Hip bellwether trials. In this post, we address another interesting aspect of punitive damages: whether they can be used to...more

Compensation: Is it Becoming Employers’ Greatest Vulnerability?

A few weeks ago, a jury in New Jersey federal court found that Lockheed Martin discriminated against a former employee. The employee claimed that Lockheed violated federal and state laws by discriminating against him on the...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Fifth Circuit Allows Award of Compensatory Damages for FLSA Overtime Violation

In its December Vaughn decision, the Fifth Circuit Court of Appeals concluded that plaintiffs in age discrimination cases may not collect compensatory or punitive damages. The court based its decision on its interpretation of...more

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

by FordHarrison on

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

by CloudNine on

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

by Epstein Becker & Green on

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

by Reminger Co., LPA on

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?

by Robins Kaplan LLP on

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

by Thompson Coburn LLP on

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

by Bass, Berry & Sims PLC on

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

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