Corporate groups consider
reducing punitive damages awards one of their top priorities.
In the Court of Appeal's decision, Laskin J.A.
reduced the punitive damages awarded at trial by a significant amount.
The Court of Appeal11
reduced the punitive damage award to $ 100,000 against Wal - Mart and $ 10,000 against the manager.
The sole dissenter, D.C. Court of Appeals Judge Brett Kavanaugh, would have found Olivia liable but would have
reduced the punitive damages award from $ 10 million to $ 20,000.
Permits a court to
reduce a punitive damages award if deterrence can be achieved without the award.
Not exact matches
Mr. Keays» has also cross-appealed from the Ontario Court of Appeal decision
reducing the $ 500,000.00
punitive damages award he received at trial to $ 100,000.00.
Following an appeal by Home Hardware the aggravated
damages were set aside and the
punitive damages were
reduced to $ 75,000 however, the notice
award and defamation
damages in the amount of $ 60,000 were upheld.
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.
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.
In
reducing Coalson's
punitive damage award to $ 50,000, the trial court noted that it rendered her compensatory
damage award to «less than a ten percent ratio» in relation to her
punitive damage award.
The trial court noted the defendant's «egregious» conduct, sustained Stemke's
punitive damage award, and granted remittitur of Coalson's
award, and
reduced it by half.
Accordingly, I would allow Wal - Mart's appeal on
punitive damages and
reduce the
award from $ 1,000,000 to $ 100,000.
Accordingly, I would allow Pinnock's appeal on
punitive damages and
reduce the jury's
award from $ 150,000 to $ 10,000.
In deciding that the
award of
punitive damages against Wal - Mart should be
reduced, however, Justice Laskin wrote:
Drawing on Whiten v. Pilot Insurance Co., 2002 SCC 18, if an
award of
punitive damages, together with the compensatory
damages awarded, «produces a total sum that is so «inordinately large» that it exceeds what is «rationally» required to punish the defendant, it will be
reduced or set aside on appeal».
Concluding that the
award against Ford was excessive, the court
reduced the noneconomic
damages award to $ 18 million and lowered the
punitive damages award to $ 55 million.
[62] Putting the test the other way around, «if the
award of
punitive damages when added to compensatory
damages, produces a total sum that is so «inordinately large» that it exceeds what is «rationally» required to punish the defendant, it will be
reduced or set aside on appeal,»: see Whiten, at para. 109.
The court
reduced a $ 200,000 compensatory
damages award to $ 50,000, and a $ 250,000
punitive damages award to $ 50,000.
In addressing state fair housing violations, the New York Supreme Court, Appellate Division, affirmed the Division of Human Rights (DHR) finding of liability for racial steering, left the $ 10,000
punitive damages award intact, and remitted the case to DHR to
reduce the compensatory
award from $ 30,000 to no more than $ 5,000.