Turley v. ISG Lackawanna, Inc. (Second Circuit)

The plaintiff in this case alleged that his employer failed adequately to respond to acts of racial harassment perpetrated by co-workers.  The jury held the employer and its parent company liable for $1.25 million in compensatory damages and $24 million in punitive damages.  We were retained by the defendants to assist with post-trial motions and the expected appeal.  The district court ordered a new trial on punitive damages unless plaintiff agreed to a remittitur of the punitive damages on the statutory claims to $5 million.  The plaintiff agreed to the remittitur.  We then appealed to the Second Circuit, which held that the punitive damages remained excessive and that no more than a 2:1 multiple of the compensatory damages—i.e, $2.5 million—is permissible.

Tags:
Torts, Employment

Briefs

Opening Brief

Reply Brief