Punitive Damages for Retaliation Upheld 2-1; But Tenth Circuit Remands ‘Excessive’ Award

Oct. 26, 2011, 4:00 AM UTC

A punitive damages award of $2 million to a United Parcel Service driver who claimed he was retaliated against for filing a workers’ compensation claim must be reduced, the U.S. Court of Appeals for the Tenth Circuit held Oct. 24 (Jones v. United Parcel Serv. Inc., 10th Cir., 09-3275).

Judge Mary Beck Briscoe said because the driver’s compensatory damages were substantial in relation to his injuries, the $2 million punitive damages award was excessive and violated the due process rights of his employer.

Briscoe remanded the case to the U.S. District Court for the District of Kansas ...

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