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From $366 Million to $249,000: Takeaways for Employers From Appellate Ruling on Damages Caps

HR Daily Advisor

    Publications
  • March 26, 2024

Tory Summey, Zack Anstett, and Jeremy Locklear wrote an article in HR Daily Advisor about the power of statutory damage caps and the legal risks surrounding retaliation claims. The attorneys provided practical steps employers can take to reduce risks and avoid substantial jury verdicts after an appellate ruling that cut an eye-popping $366 million jury verdict to $249,000.

"Does this case mean that employers can expect appeals courts to drastically reduce any future jury verdicts? Don’t count on it," Tory, Zack, and Jeremy wrote. "Retaliation and discrimination claims can still pack a punch and juries remain as unpredictable as ever."

"However, this case does serve as an important reminder that statutory damage caps are an important tool for employers. Indeed, attorneys representing employees are implementing new strategies to subvert the caps, including the filing of more claims under Section 1981 or state law causes of actions," they wrote.

Click here to read the full article: From $366 Million to $249,000: Takeaways for Employers From Appellate Ruling on Damages Caps

HR Daily Advisor provides insight and analysis on human resources management trends to HR and compensation professionals.