On Thursday, the jury in the Alex Jones trial awarded $4 million to the two parents, Neil Heslin and Scarlett Lewis as compensatory damages. Compensatory damages are intended to compensate the plaintiffs for their emotional suffering. On Friday, the trial will enter a new phase in which the court will address punitive damages. That probably
compensatory damages
SA River Authority Settles Discrimination Lawsuit
Ralph Bolado settled a discrimination suit against the San Antonio River Authority. SARA maintains water control features in the San Antonio River watershed. The parties agreed to settle the matter for $210,000. That amount includes $83,000 in lost pay, $41,000 in compensatory damages, $85,000 in attorney’s fees and six months of medical benefits for Mr.…
Bexar County Jury Awards $127,000 in Attorney Fees
Faith Gonzales worked at a Bill Miller barbecue restaurant. As any San Antonian would know, Bill Miller’s is a fast-food version of barbecue and is a local institution. She complained about discriminatory conduct and was fired in 2008. She filed her charge with the EEOC. The matter did not go to trial until January, 2013.…
Jury Awards $240,000 Against Austin Police Department
A jury in state court awarded $240,000 to a detective with the Austin, Texas Police Department. Amy Lynch sued the department for discrimination. Ms. Lynch was a long-time law enforcement officer who was diagnosed with narcolepsy in 2009. Soon after, she was transferred from her high profile assignment in the Human Trafficking and Vice unit…
Western District Jury Finds for Plaintiff
Monica Hague filed suit against the University of Texas Health Science Center at San Antonio in 2011. Judge Garcia of the Western District granted summary judgment against her in 2013. The Plaintiff appealed to the Fifth Circuit. The higher court reversed summary judgment regarding Ms. Hague’s retaliation claim and affirmed summary judgment regarding her sexual…
Jury in Western District Finds Against Plaintiff
In one recent case, the employer did not move for summary judgment or otherwise seek to dismiss. The case was filed by Jamel Blanton, Arica-American, and alleged racial and sexual discrimination. The female restaurant manager was accused of saying such things as: “do all black guys have big penises?” “What I would do for you…
Punitive Damages Award Requires Evidence of Conscious Wrongdoing
I tell my clients regularly that even when a plaintiff wins, most juries do not award compensatory damages or punitive damages. Punitive damages are rare in employment cases. What would be required for a jury or judge to award punitive damages. We get a look at what is required in Rhines v. Salinas Construction Technologies…
San Antonio Federal Jury Awards $29,500
We always hear about the million dollar judgment in an employment case. But, in reality, far more cases result in $30,000 judgments or less. This is especially true in federal court. In the case of Barney v. Hill Country Shooting Sports Center, No. SA-11-CV-268, a jury found in favor of the plaintiff regarding her…
ADA Retaliation Claimant not Entitled to Compensatory, Punitive damages
The Ninth Circuit joins the Seventh Circuit in finding that an employee suing for retaliation under the Americans with Disabilities Act is not entitled to compensatory damages or punitive damages. Alvarado v. Cajun Operating Co., No. 08-15549 (9th Cir. 12/11/09). The court also ruled that a jury is not available. See brief discussion…
High Salaries Tend to Produce Large Verdicts
I discuss this with clients so often. How much is my case worth? Most clients believe their case is worth millions. And, it is. To you. But, what is it worth to a jury? I have explained that studies of discrimination lawsuits have found that most often, juries do not award compensatory or emotional suffering…