Total Articles: 5
Punitive damages of $250 Million awarded to current and former employees in gender discrimination lawsuit.
In a case in which over $3 Million in compensatory damages already had been awarded to a group of 12 female former employees claiming gender discrimination, the same jury awarded $250 Million in punitive damages to a class of 5600 female employees and former employees of Novartis Pharmaceutical Corporation for the same claims. Velez v. Novartis Pharma. Corp., S.D.N.Y., No. 04-civ.9194, punitive damages verdict 5/19/10. The case, filed as a class action in 2005 in the Southern District of New York, was a “sex plus” case, meaning that the gender discrimination was brought in tandem with related claims, such as pregnancy discrimination or family leave interference. The plaintiffs in the case against Novartis made claims based upon unequal pay, lack of promotion, and adverse treatment after pregnancy leave.
Third Circuit Applies 1:1 Ratio for Punitive Damages Where Compensatory Damages Were Substantial and Defendants’ Conduct Not Especially Reprehensible.
In this insurance bad faith case, the Third Circuit Court of Appeals revisited the oft-litigated question of the proper ratio between compensatory and punitive damages, reducing the punitive award from a 3.13:1 ratio to a 1:1 ratio.
Eighth Circuit Reverses Punitive Damages Award in Sexual Harassment Case.
In a significant decision addressing when punitive damages are appropriate in a Title VII sexual harassment claim, the Eighth Circuit has held that an employer's good faith efforts to comply with Title VII were sufficient to avoid liability for such damages. See Dominic v. DeVilbiss Air Power Co. (July 20, 2007). In this case, in which Ford & Harrison attorneys represented the employer on appeal, the Eighth Circuit reversed the jury's punitive damages award of $250,000 against the employer. The court held that the jury should not have been permitted to consider the issue of punitive damages because of the employer's good faith efforts to comply with Title VII.
Eleventh Circuit Affirms $25,000 Compensatory Award Based On The Employer's Constructive Knowledge Of Workplace Harassment But Reverses Punitive Damages Award.
Discusses Miller v. Kenworth of Dothan, 7 D.L.R. A-3to A-4 (11th Cir., January 10, 2002), in which the court reversed a punitive damages award because the employer did not act with actual malice or reckless indifference to the plaintiff's federally protected rights where it lacked actual knowledge of the harassment.
Punitive Damages Awardable Without Compensatory Damages.
Discusses Cush-Crawford v. Adchem Corp. (2nd Cir. 11/16/01), in which the court affirmed a jury verdict of $100,000, based on punitive damages only in a Title VII sexual harassment suit.
