News & Analysis as of

Compensatory Damages Punitive Damages Emotional Distress Damages

Proskauer - California Employment Law

Judge Reduces $137 Million Race Harassment Verdict Against Tesla to $15 Million

A federal court judge pared down last year’s jaw-dropping $137 million damages award against Tesla in a racial bias lawsuit. On April 13, 2022, the judge granted Tesla’s motion for a reduction in the amount of damages in part...more

Proskauer - California Employment Law

California Jury Awards Employees $7.6 Million in Latest Gargantuan Wrongful Termination Verdict

A Los Angeles jury has ordered an apartment building owner and property management company to pay $7.6 million to two former live-in apartment managers who claimed to have been wrongfully terminated and discriminated against...more

Freeman Law

The IRS’ Lawsuits, Awards, and Settlements Audit Techniques Guide

Freeman Law on

Some time ago, the IRS issued an Audit Techniques Guide on the taxation of lawsuits, awards, and settlements. As many tax practitioners can attest, there are a multitude of tax issues involving any one of these issues. In...more

Proskauer - California Employment Law

Two Recent Jury Verdicts Award $6 Million and $7.97 Million To Wrongfully Terminated Employees

Two recent verdicts from California Superior Court juries have awarded former employees $6 million and $7.9 million, respectively, in compensatory damages after a finding of wrongful termination. Martinez v. Rite Aid Corp....more

Stinson LLP

Three Stripes and You're Out: Coach Pitino's Outrage Against Adidas

Stinson LLP on

The FBI recently charged 10 people, including four college basketball assistant coaches at prominent Division I universities and a head executive at Adidas inter alios, with corruption and bribery crimes for...more

Proskauer - California Employment Law

It’s time to think about arbitration agreements again following recent $15 million+ employee verdicts

Jury panels in the Los Angeles Superior Court (which is often referred to as “The Bank” by the plaintiffs’ bar) have recently delivered multimillion-dollar verdicts to former-employee plaintiffs. Many employers doing business...more

Haight Brown & Bonesteel LLP

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

Mayer Brown

Ninth Circuit Substantially Reduces Punitive Award Against Walgreen

Mayer Brown on

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

U.S. Equal Employment Opportunity Commission...

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

Morgan Lewis

MA Supreme Court Reinforces Employer Obligations on Sexual Harassment

Morgan Lewis on

The court’s decision to restore a $500,000 punitive damages award for failure to adequately address a sexual harassment complaint highlights employers’ duty to investigate every allegation and take appropriate remedial...more

Haight Brown & Bonesteel LLP

Brandt Fees Increase Allowable Punitive Damages Whether Fees are Awarded by Judge or Jury

In Nickerson v. Stonebridge Life Ins. Co. (No. S213873, filed 6/9/16), the California Supreme Court ruled that in an insurance bad faith case an award of attorney’s fees under Brandt v. Superior Court (1985) 37 Cal.3d 813,...more

Cozen O'Connor

Bad Faith Attorneys’ Fees Are Compensatory Damages in Determining Cap On Punitive Damages

Cozen O'Connor on

On June 9, 2016, the California Supreme Court ruled in Nickerson v. Stonebridge Life Ins. Co., __ Cal.4th ___ (2016) that the attorneys’ fees awarded to a veteran who sued for benefits under a “hospital stay” policy should be...more

Mayer Brown

Montana Supreme Court Upholds $5 Million Punitive Award That Is Five Times The Compensatory Damages

Mayer Brown on

Montana is known fondly to many as Big Sky Country, but it also is quickly gaining a reputation for big punitive damages awards. Not only are juries imposing breathtaking amounts of punitive damages with increasing...more

Allen Matkins

The Point Of An Unenforceable Noncompete May Be Very Sharp Indeed

Allen Matkins on

Writing for Mother Jones, Kevin Drum recently asked “What’s the point of an unenforceable noncompete agreement?” He posits two possible answers: First, it’s just boilerplate language they don’t really care about but...more

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