Polsinelli Podcasts - Removing Caps on Punitive Damages: What is the Impact on Business?
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Last year, Graco recalled almost 6 million car seats due in large part to a safety defect. The recall began with around 3.8 million car seats, but it grew over the course of 2014. When the buckle mechanism on the car seats...more
Reuters recently reported that a California state court jury (in the case of Perry et al v. Luu et al, Superior Court of the State of California, Kern County, No. 5-1500-CV-279123) awarded $5.7 Million to plaintiff Coleen...more
A trucking and ground support services company is paying dearly for alleged employee discrimination and harassment. Last month, a jury awarded nearly $15 million to seven former employees who sued the company over practices...more
On February 11, 2015, the New Jersey Supreme Court, in Aguas v. New Jersey, decided three important legal issues regarding employment discrimination claims under the New Jersey Law Against Discrimination (“LAD”).
California resident Roseanne Sanchez was implanted with the Pinnacle kit to treat pelvic organ prolapse and the Advantage System to treat stress urinary incontinence.
After the surgery, Ms. Sanchez experienced several...more
A pair of former brokers for Goldman Sachs & Company’s Los Angeles offices earned $7.6 million in monetary awards after filing a wrongful termination and discrimination suit against the company. The men, Chris Barra and Luis...more
Liberty Mut. Fire Ins. Co. v. JT Walker Indus., Inc., No. 2:08-02043-MBS, 2014 WL 6773517 (D.S.C. Dec. 2, 2014).
The U.S. District Court for the District of South Carolina sets aside a jury’s verdict awarding punitive...more
In This Issue:
- District of South Carolina: No Support For Award of Punitive Damages Where Insured Failed To Prove Recklessness by Insurer
- Supreme Court of Missouri Reverses Grant of Summary Judgment for...more
Disney is known for its fairytales and happy endings. Usually its adorable characters and feel-good plots earn it wide acclaim. But recently, a California judge agreed with the plaintiff, in Roger L. Culberson II v. The Walt...more
In an issue of first impression, the Pennsylvania Supreme Court recently held in Allstate Prop. & Cas. Ins. Co. v. Wolfe that a policyholder may assign statutory bad faith claims under Pennsylvania’s bad faith statute,...more
Angela Aguilar who worked in a copper mine for approximately 11 months claimed she was sexually harassed, retaliated against, subjected to intentional infliction of emotional distress and was constructively terminated from...more
The Occupational Health and Safety Administration (OSHA) gave a MTA Metro-North railroad employee a record award under the Federal Railroad Safety Act after they suffered an injury in 2011. The $250,000 in punitive damages...more
$300,000 In Punitive Damages Upheld In Sexual Harassment Case Despite Nominal Damages Award -
State of Arizona v. ASARCO LLC, 2014 WL 6918577 (9th Cir. 2014) (en banc).
Angela Aguilar who worked in a copper mine...more
An all-public panel of FINRA arbitrators entered a preclusion order and awarded $750,000 in punitive damages for Respondents’ failure to participate in discovery and disregard of pre-hearing filing requirements....more
Several plaintiffs that were implanted with Boston Scientific’s Obtryx transobturator Mid-Urethral Sling System alleged in their lawsuits that the manufacturer, Boston Scientific, ignored warning that devices containing...more
In McBride v. Estis Well Service, LLC, the federal 5th Circuit Court of Appeals determined that punitive damages are not available to seamen under the Jones Act or under general maritime law. In those cases, recovery is...more
The joint employer standard is changing rapidly, and businesses – among them franchisors and investors – need to be aware of the emerging landscape to protect their brands and their bottom lines.
The most important...more
The record $185 million punitive damage award by a California jury in November 2014 against AutoZone has been widely reported. This huge verdict raises immediate questions: How did this happen? What circumstances led the jury...more
In State of Arizona v. ASARCO LLC, WL 6918577, published December 10, 2014, the Ninth Circuit Court of Appeals held that an award of $300,000 in punitive damages did not violate due process even though no compensatory damages...more
California Jury Awards Record $185M Verdict to Female Employee -
Why it matters: A California jury made national headlines and terrified employers across the country when it awarded $185 million in punitive damages...more
Last month, a federal district judge in San Diego upheld a $185 million jury verdict in a pregnancy discrimination lawsuit against AutoZone Stores. The verdict is a record for a single-plaintiff employment discrimination...more
Rosario Juarez worked at AutoZone but now can buy 1 percent of its total market capitalization.
Juarez began as a retail salesperson in San Diego in 2000. She was promoted to Parts Sales Manager but was unsuccessful in...more
Causing waves to travel through the legal community, a California jury has recently ordered a woman’s former employer to pay her $186 million in punitive damages. In the case, the woman claimed that she had been demoted after...more
On November 17, 2014, a San Diego federal jury of five men and three women awarded Plaintiff Rosario Juarez $185 million dollars in punitive damages in her pregnancy discrimination lawsuit against her former employer AutoZone...more
On November 17, a federal jury returned a verdict against AutoZone in favor of a single plaintiff for the insane amount of $185,000,000.00 in punitive damages. The plaintiff alleged gender and pregnancy-related harassment,...more
Back to Top