Appellate Law

Second District: Emotional Damages, Lost Wages from Discrimination

By Matt Conigliaro

In this age discrimination case, the Second District held that the trial court abused its discretion in not granting a motion to remit the jury’s $3.5 million award for noneconomic damages. The district court relied on a decision holding that, in a typical age discrimination case without actual physical injuries, emotional distress awards should not exceed the “the $5000 to $30,000 range,” and another decision reducing a $200,000 award to $50,000.

The appellate court also held that the trial court abused its discretion in not reducing the jury’s lost wages award, where the award was $300,000 higher than the amount requested.

Full post as published by Abstract Appeal on February 03, 2011 (boomark / email).