Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although the purpose of punitive damages is not to compensate the plaintiff, the plaintiff will receive all or some of the punitive damages in award.
The Civil Rights Act of 1991 is a United States labor law, passed in response to United States Supreme Court decisions that limited the rights of employees who had sued their employers for discrimination. The Act represented the first effort since the passage of the Civil Rights Act of 1964 to modify some of the basic procedural and substantive rights provided by federal law in employment discrimination cases. It provided the right to trial by jury on discrimination claims and introduced the possibility of emotional distress damages and limited the amount that a jury could award. It added provisions to Title VII of the Civil Rights Act of 1964 protections expanding the rights of women to sue and collect compensatory and punitive damages for sexual discrimination or harassment.
Lynne C. Hermle is an attorney specializing in employment law. She is a partner at Orrick, Herrington & Sutcliffe LLP's Menlo Park, California office. She also serves on the firm's management committee, the "first partner from the firm's Silicon Valley office to serve, and the second woman ever chosen".
Insurance bad faith is a tort unique to the law of the United States that an insurance company commits by violating the "implied covenant of good faith and fair dealing" which automatically exists by operation of law in every insurance contract.
Tort reform consists of changes in the civil justice system in common law countries that aim to reduce the ability of plaintiffs to bring tort litigation or to reduce damages they can receive. Such changes are generally justified under the grounds that litigation is an inefficient means to compensate plaintiffs; that tort law permits frivolous or otherwise undesirable litigation to crowd the court system; or that the fear of litigation can serve to curtail innovation, raise the cost of consumer goods or insurance premiums for suppliers of services, and increase legal costs for businesses. Tort reform has primarily been prominent in common law jurisdictions, where criticism of judge-made rules regarding tort actions manifests in calls for statutory reform by the legislature.
The California Fair Employment and Housing Act of 1959, codified as Government Code §§12900 - 12996, is a California statute used to fight sexual harassment and other forms of unlawful discrimination in employment and housing, which was passed on September 18, 1959.
Capitol Records, Inc. v. Thomas-Rasset was the first file-sharing copyright infringement lawsuit in the United States brought by major record labels to be tried before a jury. The defendant, Jammie Thomas-Rasset, was found liable to the plaintiff record company for making 24 songs available to the public for free on the Kazaa file sharing service and ordered to pay $220,000.
William Mark Lanier is an American trial lawyer and founder and CEO of the Lanier Law Firm. He has led a number of high profile product litigation suits resulting in billions of dollars in damages, including Johnson & Johnson baby powder and Merck & Co.'s Vioxx drug.
Morgan Chu, is an American intellectual property attorney.
In the case of Sony BMG Music Entertainment et al. v. Tenenbaum, record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur.
Grimshaw v. Ford Motor Company was a personal injury tort case decided in Orange County, California in February 1978 and affirmed by a California appellate court in May 1981. The lawsuit involved the safety of the design of the Ford Pinto automobile, manufactured by the Ford Motor Company. The jury awarded plaintiffs $127.8 million in damages, the largest ever in US product liability and personal injury cases. Grimshaw v. Ford Motor Company was one of the most widely publicized of the more than a hundred lawsuits brought against Ford in connection with rear-end accidents in the Pinto. The trial judge reduced the jury's punitive damages award to $3.5 million.
Stuart H. Smith was a controversial practicing plaintiff attorney licensed in Louisiana. Smith practiced law for more than 25 years, litigating against oil companies and other energy-related corporations for damages associated with radioactive oilfield waste. Smith was one of the lead legal strategists in on-going national litigation regarding the nation's drug-industry manufactured opioid crisis, having led the nation-wide effort to have the crisis’ impact on opioid-dependent born children recognized as a special class deserving of dedicated, long-term response from those who caused the epidemic in the United States.
Ronald E. Nehring was a justice of the Utah Supreme Court. He was appointed to the court in 2003 by Utah Governor Michael Leavitt, and he retired in 2015.
Naugle v. Philip Morris was a landmark 2009 court case in which a jury awarded the plaintiff Lucinda Naugle $300 million. The award included $56.6 million in compensatory damages for medical expenses and $244 million in punitive damages. At the time, the verdict was the largest award given to an individual suing a tobacco company, and was featured on NBC, ABC, 60 Minutes, and The New York Times. In 2012, the verdict amount for punitive damages was reduced to $36.8 million.
Juarez v. AutoZone Stores, Inc., Case No. 08-CV-00417-WVG, was a court case in the United States District Court for the Southern District of California which is believed to be the largest single-plaintiff employment verdict in United States history at $185,872,719.52. This case is also believed to be the largest punitive damages verdict awarded to a single plaintiff in an employment discrimination lawsuit.
Chopourian v. Catholic Healthcare West, No. 2:09-CV-02972, was a court case in the United States District Court for the Eastern District of California which, at the time, was believed to be the largest single-plaintiff employment verdict in United States history at $167,720,488. The record has since been surpassed by the verdict in Juarez v. AutoZone Stores, Inc., Case No. 08-CV-00417-WVG at $185,872,719.52.
Levy Konigsberg is an American-based law firm that was established in 1985. The company is known for a number of high-profile cases in the United States. Its practice areas include asbestos litigation, qui tam, lead poisoning, sexual abuse, tobacco litigation, medical malpractice, and negligence. In 2015, Levy Konigsberg was recognized as one of the 50 Law Firms in the 2015 Elite Trial Lawyers list by The National Law Journal.
Smithfield Foods has been sued multiple times related to the disposal of hog waste using anaerobic lagoons. State governments have responded to the suits against Smithfield and similar litigation by strengthening ”Right-to-Farm” laws.
Owen Diaz v. Tesla was a discrimination lawsuit filed against electric car manufacturer Tesla, Inc. The plaintiff, Owen Diaz, was an elevator operator at the Tesla Fremont Factory in California between 2015 and 2016. The lawsuit stated that Diaz faced constant harassment including racial slurs. According to the state's Department of Fair Employment and Housing, the Fremont factory was racially segregated and Black workers testified that they were subjected to racist slurs, racial drawings, and were given the most menial and physically demanding work. Working conditions at the plant were so unacceptable, the department stated, that many Black employees had been forced to quit. J. Bernard Alexander III, one of Diaz's lawyers, told jurors that the use of the “n-word” was pervasive and virtually everywhere at Fremont factory.
Sines v. Kessler was a civil lawsuit against various organizers, promoters, and participants in the Unite the Right rally, a white supremacist rally that took place in Charlottesville, Virginia in August 2017. The trial began in October 2021, and on November 23, the jury reached a mixed verdict in which they found various defendants liable on claims of civil conspiracy and race-based harassment or violence. They also found James A. Fields, Jr., the perpetrator of the car attack against counterprotesters at the rally, liable for assault and battery and intentional infliction of harm. Altogether, the jury awarded the plaintiffs more than $25 million in punitive and compensatory damages, though this was later reduced by the judge to $2.35 million.
