Thursday, January 08, 2015

Arizona v. ASARCO (9th Cir. - Dec. 10, 2014)

Back in October (of 2013), Judge O'Scannlain wrote an opinion that said that a punitive damages award of $300,000 in a Title VII case in which the jury awarded nominal ($1) damages was excessive, and reduced it to $125,000.  I was critical of the opinion at the time, and expressed some support for Judge Hurwitz's dissent.

The Ninth Circuit thereafter took the case en banc.  What was the ultimate vote?

11-0.  Judge Hurwitz was right.  The en banc court reinstates the $300,000 punitive damages award.