Emotional Distress Damages

In Nana v. Le Viking LLC d/b/a Bistro Chez Lucienne, 17-CV-928, 2019 WL 3244181 (SDNY July 19, 2019), the court, inter alia, held that plaintiff was entitled to $5,000 in emotional  distress damages on his retaliation claims under the Fair Labor Standards Act and the New York Labor Law. The court noted that “[a]lthough the…

Read More Emotional Distress Damages of $5,000 Awarded in Wage Retaliation Case

In Avril Nolan, Claimant, State of New York, Defendant., No. 123283, 61 Misc. 3d 1225(A), 2018 N.Y. Slip Op. 51789(U), 2018 WL 6497131 (N.Y.Ct.Cl., Nov. 08, 2018), the Court of Claims awarded the Claimant – a model whose image was used by the New York State Division of Human Rights in an advertising campaign to…

Read More Model Awarded $125k in Damages Arising Out of Use of Image in HIV Rights Campaign

In Rosen v. MHM Realty LLC, 2018 NY Slip Op 07549 (App. Div. 1st Div. Nov. 8, 2018), the Appellate Division unanimously affirmed the lower court’s order denying plaintiff’s motion for a protective order and directed plaintiff to give defendants an unlimited authorization (for a specified period) for mental health records for treatment in connection with injuries…

Read More Mental Health Records Must Be Produced in Injury Case, Court Holds

In Morales v. PepsiCo. Inc., 16-cv-6597, 2018 WL 3853390 (W.D.N.Y. August 14, 2018), the plaintiff filed a lawsuit against his former employer alleging race discrimination in violation of Title VII of the Civil Rights Act of 1964 and the New York State Human Rights Law. Not uncommonly, a discovery dispute arose. Among other issues contested…

Read More Court Addresses Discovery Relating to Emotional Distress Damages in Title VII Discrimination Case

In Emamian v. Rockefeller University, 07-cv-3919, 2018 WL 2849700 (S.D.N.Y. June 8, 2018) – a race/national origin discrimination case – the court held, inter alia, that the jury’s emotional distress damages award of $2 million was excessive, and remitted that award to $200,000. After providing a summary of the relevant “black-letter” law in this area, the…

Read More Court Remits Emotional Distress Damages Award in Employment Discrimination Case From $2M to $200K

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

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

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

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

One of the various types of damages available in an employment discrimination case is so-called “emotional distress” damages, which are a species of “compensatory” damages. Such damages are available under (for example) Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law (NYSHRL), and the New York City Human Rights…

Read More Emotional Distress Damages in Employment Discrimination Cases