NY lawmakers look to limit judges cutting jury awards after employer bias suits
New Yorkers who win employment bias lawsuits are often seeing only a fraction of the money allotted to them by juries — thanks to judges slashing the amounts — according to state lawmakers who are zeroing in on a legislative fix.that requires judges to lower verdicts if they “deviate materially from what would be reasonable compensation” in a procedure known as remittitur.
In 2011, Aubrey Chisolm won a racial discrimination lawsuit against Memorial Sloan-Kettering Cancer Center. He was granted $1 million in punitive damages by a jury, but saw that sum reduced to $50,000 – a 95% decrease. “Jury verdicts that are excessive, you know, headline grabbing, are a lot of times based upon emotion, right? The jury's emotional reaction to what they've seen and heard, and they'll render a verdict and award damages ... that frequently are way outside the bounds of what the precedent basically says,” he said. “Judges have the depth of experience, legal training, access to precedent to make sure that the verdicts are right sized.
She said it’s often the first thing lawyers representing employers point to when she notifies them a client is bringing a discrimination lawsuit against them.
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