Sunday, November 3, 2013

Title VII Damage Limitations

9 Jon Harkavy sends us a copy of Arizona v. Asarco, LLC, a Ninth Circuit decision involving the relationship between a Title VII nominal compensatory damage award and a punitive damages award.  Jon points out that the case seems an important application of BMW v. Gore, and that it's ironic that the result here is a "constitutional" limit of 125,000 to 1 for damages to a victim, whereas the courts routinely approve fee awards to attorneys in nominal damages cases that far exceed that ratio.


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