In reducing
the original punitive damages award, the Court of Appeal balanced the legitimate objective of «punishing» the employer against a requirement of proportionality based on the specific facts of the case.
Not exact matches
It increased the amount of aggravated
damages awarded while somewhat decreasing the
original amount of common law notice, and increased the amount of
punitive damages.
In case involving First Union National Bank's violations of the Fair Credit Reporting Act, Sixth Circuit holds that 1 - to - 1 ratio of
punitive to compensatory
damages is maximum federal due process will allow: And because the compensatory
damages total $ 400,000, the district court's
original award of $ 2,628,600 in
punitive damages must likewise be reduced to $ 400,000.
The final portion of this opinion that a three - judge panel of the U.S. Court of Appeals for the First Circuit issued today contains an interesting discussion of the potential for overlap between a jury's
award of
damages for emotional distress and what a jury might have
awarded had it been advised (as it should have been but was not at the
original trial) that an
award of
punitive damages in favor of the plaintiff was appropriate.
Upon issuance of judgment [for
punitive damages], the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the
original case in securing a recovery after payment to the plaintiff of
damages awarded other than as
punitive damages.»)
§ 51 -12-5.1 (e)(2)(«Upon issuance of judgment [for
punitive damages], the state shall have all rights due a judgment creditor until such judgment is satisfied and shall stand on equal footing with the plaintiff of the
original case in securing a recovery after payment to the plaintiff of
damages awarded other than as
punitive damages.»).
The
original award included $ 7,500 for repayment of the licence fee; more than $ 36,000 for royalty fees; more than $ 55,000 for advertising and promotional expenses; $ 50,000 for «loss of profits or encroachment loss»; and $ 25,000 for
punitive damages.