Law360 reports that a jury in San Francisco County Superior Court has awarded $5 million in compensatory damages and $15 million in punitive damages to a former hotel employee who alleged that his employer failed to accommodate his disability. Marriott is likely to file a new trial motion asking the trial court to reduce the damages, which seem unusually large for a case of this nature.
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Texas jury awards $1.2 billion in revenge porn case
BBC news reports that a jury in Texas has awarded $200 million in compensatory damages and $1 billion in punitive damages to a woman who sued her ex-boyfriend for posting intimate photos of her online. As the story notes, the award is uncollectible. The defendant is not a billionaire. But awards like this, and the press coverage of them, benefits plaintiffs and their attorneys in other punitive damages cases by normalizing verdicts of this size.
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Illinois legislature votes to expand availability of punitive damages
National Law Review reports that the Illinois legislature has passed a bill, House Bill 0219, that would make punitive damages available in wrongful death actions. The articles states that under current Illinois law, punitive damages are available only to the victim and do not survive the victim’s death. Illinois Governor J.B. Pritzker has not yet signed the bill into law but is expected to do so.
California law does not permit punitive damages in wrongful death actions brought by the heirs of a decedent, but they are recoverable in a survival action on behalf of the decedent’s estate.
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New York judge awards $50 million in punitive damages to billionaire hedge fund founder Louis Bacon in defamation lawsuit
Financial Times reports on New York case in which a judge has awarded $50 million in compensatory damages and $50 million in punitive damages to billionaire hedge fund founder Louis Bacon. The defendant is Canadian fashion mogul Peter Nygard. Bacon claims Nygard defamed him in multiple ways—by falsely asserting that Bacon is a Ku Klux Klan member, that he was guilty of insider trading, that he was involved in the death of an employee, and that he was involved in arson.
The $100 million damages award in this case may be the least of Nygard’s legal problems. He is in jail awaiting trial in Canada on charges of sexual assault, and has been charged in the US with racketeering and sex trafficking. His businesses are already in bankruptcy, so he may not have the resources to pay the damages award in this case anyway.
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Georgia jury awards $125 million in punitive damages
AP reports on a verdict in federal district court in Georgia awarding $10.5 million in compensatory damages and $125.5 million in punitive damages to a Georgia couple who alleged that their land was polluted by a neighboring solar panel facility. Given the disparity between the punitive damages and the compensatory damages, the punitive awards seems unlikely to survive posttrial and appellate review.
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New York jury awards $50 million in punitive damages in sexual abuse case
WGRZ reports on a verdict in Erie County New York awarding $50 million in compensatory damages and $50 million in punitive damages for violation of New York’s 2019 Child Victims Act.
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Riverside County jury awards $1.44 billion in punitive damages against man for sexual abuse of his stepdaughter
The LA Times reports on a verdict in Riverside County Superior Court awarding $836 million in compensatory damages and $1.44 punitive damages. The plaintiff is a 39-year-old woman who sued her stepfather for sexual abuse. Prior to trial, the plaintiff obtained a $200,000 settlement from her mother and a $1 million settlement from the Church of Jesus Christ of Latter-day Saints. The plaintiff alleged that her mother and the church knew about the abuse and did nothing to protect her. Those settlements are likely to be her only real recovery in the case—as the article notes, the verdict against her stepfather is “largely symbolic and unlikely ever to be fully paid.”
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Jury awards $3 million in punitive damages against Tesla in retrial of case that originally generated $137 million verdict
Courthouse News reports here on the retrial of Diaz v. Tesla, which resulted in a $3 million punitive damages award.
We previously wrote about this case here, here, here, and here. The plaintiff, who claims he was subject to racist epithets and harassment while working for Tesla, originally won a verdict in federal district court for $7 million in compensatory damages and $130 million in punitive damages. The trial judge, District Court Judge William Orrick III, ordered a new trial unless the plaintiff would agree to a reduced verdict of $15 million. Plaintiff chose a retrial instead of taking the $15 million. That decision backfired, as the retrial resulted in a verdict of $175,000 in compensatory damages and $3 million in punitive damages. While the lower amount of punitive damages is a “win” for Tesla compared to the $15 million (or the $130 million), Tesla may still challenge the award as excessive, noting that the reduced punitive damages are still more than 17 times higher than the reduced compensatory damages.
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Texas jury awards $500 million in punitive damages to woman who sat down on railroad tracks while intoxicated and was struck by a train
Railway Age reports on a Texas state court verdict that awarded a woman $57 million in compensatory damages and $50o million in punitive damages against Union Pacific railroad. According to the story, the plaintiff was intoxicated and sat down on the railroad tracks at a crossing that had a functional warning system. UP’s statement on the verdict says that train crew saw the plaintiff sitting in the tracks, blew the horn on the train, and activated the train’s emergency brakes, but were unable to stop the train in time to avoid hitting the plaintiff. UP’s statement also says that the punitive damages will be capped at $20 million under Texas law.
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North Carolina jury awards $140 million in punitie damages in trademark suit against Vivint Smart Home
Law360 (subscription required) reports that a jury in federal district court in North Carolina has awarded $49.7 million in compensatory damages and $140 million in punitive damages in a lawsuit between rival home security companies. Plaintiff CPI Security Systems claims that defendant Vivint Smart Home infringed its trademarks and tricked customers into switching security providers. The Law360 story includes a link to the verdict form. Vivint says it plans to appeal.