Damages

by

In Saber v. New York State Department of Financial Services, 15-cv-5944, 2018 WL 3491695 (S.D.N.Y. July 20, 2018), the court held that the jury’s $2.5 million verdict was excessive, and held that $125k was more appropriate. The court summarized the evidence of emotional distress as follows: At the trial, Plaintiff testified that he felt “extremely…

Read More Court Remits $2.5 Million Emotional Distress Jury Award to $125,000 in Discrimination Case
Share This:
by

From Matter of New York State Div. of Human Rights v. International Fin. Servs. Group, 2018 NY Slip Op 04673 (App. Div. 1st Dept. June 26, 2018): Determination of petitioner New York State Division of Human Rights (DHR), dated May 19, 2015, granting the complaint for disability discrimination, awarding complainant $64,436.03 in back pay and $10,000 for…

Read More Disability Discrimination Awards For Back Pay, Emotional Distress Upheld
Share This:
by

In Mayo-Coleman v. American Sugar Holdings, Inc., 14-cv-79, 2018 WL 2684100 (S.D.N.Y. June 5, 2018), the court, inter alia, held that a $1.7 million jury verdict in plaintiff’s favor on her sexual harassment/hostile work environment claims under Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law should…

Read More Court Remits Jury Award of $1.7M to $500,000 for Emotional Damages in Sexual Harassment Case
Share This:
by

A federal (EDNY / Brooklyn) jury recently awarded several employees a collective $5.1 million in damages against a health insurance company that, the plaintiffs claimed, forced them to follow the practices of an obscure religion called “Onionhead.” (I wrote about the lawsuit’s filing here.) The verdict sheet (below) reflects, inter alia, that the jury awarded…

Read More EDNY Jury Awards $5.1M in “Onionhead” Religious Discrimination Case [EEOC v. United Health Programs of America]
Share This:
by

In Chauca v. Abraham, 2018 WL 1352351 (2d Cir. March 16, 2018), the U.S. Court of Appeals for the Second Circuit held that the district court erred in declining to submit the question of punitive damages to the jury under the New York City Human Rights Law. In a prior opinion,[1]Chauca v. Abraham, 841 F.3d…

Read More 2d Circuit: Lower Court Mistakenly Applied Higher Standard for Punitive Damages Under the NYC Human Rights Law
Share This:
by

In Sharkey v. J.P. Morgan Chase & Co., 2018 WL 1229831 (S.D.N.Y. March 5, 2018), the court, inter alia, struck down a jury verdict of $563,000 for emotional distress suffered by plaintiff as a result of her alleged retaliatory termination in violation of the Sarbanes-Oxley Act of 2002 (SOX). From the Opinion: If Sharkey is…

Read More Court Strikes Down $563K Emotional Distress Damages Jury Verdict in SOX Case as “Infected With Passion and Prejudice”
Share This:
by

In Matthews v. Hewlett-Packard Company, 15-cv-3922, 2017 WL 6804075 (S.D.N.Y. Dec. 22, 2017), a race discrimination/hostile work environment/retaliation case, the court explained and applied the principles applicable to the admissibility of expert testimony – under FRE 702/Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) – as to emotional distress damages. In sum, the court…

Read More Court Precludes Expert Testimony on Emotional Distress in Race Discrimination Case
Share This:
by

In Suarez v. Mosaic Sales Solutions US Operating Co., LLC, 2018 WL 357540 (2d Cir. 17-2344 Jan. 11, 2018), the Second Circuit affirmed the dismissal of plaintiff’s claim under the New York City Fair Chance Act, N.Y.C. Admin. Code § 8-107(11)(a), based on defendant’s failure to follow certain procedures before rescinding plaintiff’s job offer after discovering,…

Read More 2d Circuit Affirms Dismissal of NYC Fair Chance Act Claim; Amount-in-Controversy Element Not Satisfied
Share This:
by

In Chauca v. Abraham, 2017 NY Slip Op 08158, 2017 WL 5557932 (N.Y. Nov. 20, 2017), the New York Court of Appeals – answered a certified question from the U.S. Court of Appeals for the Second Circuit – regarding the appropriate standard applicable for when punitive damages may be awarded under the New York City Human…

Read More New York’s Highest Court Clarifies Standard for Punitive Damages Under the New York City Human Rights Law
Share This:
by

In Santana et al v. G.E.M. Medical Management (NY Sup. Ct. Bx. Cty 0305261/2008 Oct. 20, 2017), the court (inter alia) denied defendant’s motion, under CPLR 4404(a), to set aside a jury verdict in favor of plaintiffs on their claims of gender/pregnancy discrimination. The court noted that “[t]he jury’s determination is supported by evidence presented…

Read More Court Upholds Plaintiff Jury Verdict in Gender/Pregnancy Discrimination Case
Share This: