824 F. Supp. 2d 573
S.D.N.Y.2011Background
- Chisholm sued Sloan-Kettering and supervisors for unlawful retaliation under Title VII, § 1981, NYSHRL, and NYCHRL.
- Jury awarded back pay of $233,290.32; front pay undecided; punitive damages of $1,000,000 against Adamec, with vicarious liability for Sloan-Kettering under NYCHRL.
- Court considered remittitur/new trial on punitive damages after trial; parties agreed front pay would be discounted to present value at 2%.
- Court found front pay is a legal remedy allocated under NYSHRL when damages are not distinguished by federal/state/local claims, thus proper to assess front pay.
- Court limited front pay to at most two years, discounted to present value, totaling $102,545.62, and denied pension-related front pay due to speculative calculation.
- Court awarded pre-judgment interest on back pay and post-judgment interest on front pay; granted remittitur to $50,000 for punitive damages unless Chisholm elects otherwise.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether front pay was properly awarded | Chisholm entitled to front pay as part of back-pay remedy | Front pay unduly speculative and not warranted past 2014 | Front pay awarded, limited to two years, present-valued at 2% |
| Whether punitive damages should be remitted to $50,000 or a new trial ordered | Remittitur unnecessary given deterrence purpose | Original $1,000,000 excessive under Gore factors | Remittitur to $50,000 unless Chisholm elects to accept it; otherwise new trial on punitive damages |
| Whether pre-judgment interest should accrue on back pay | Pre-judgment interest appropriate on back pay | Not disputed; to be determined | Chisholm entitled to pre-judgment interest on back pay from April 25, 2007, using 1-year Treasury rate, compounded annually |
Key Cases Cited
- BMW of N. Am., Inc. v. Gore, 517 U.S. 559 (1996) (three Gore guideposts for evaluating punitive damages)
- State Farm Mut. Auto. Ins. Co. v. Campbell, 538 U.S. 408 (2003) (reprehensibility as central to punitive damages analysis)
- Vasbinder v. Scott, 976 F.2d 118 (2d Cir. 1992) (punitive damages factors; Gore framework cornerstone)
- DiSorbo v. Hoy, 343 F.3d 172 (2d Cir. 2003) (remittitur standards and respect for constitutional limitations)
- Gierlinger v. Gleason, 160 F.3d 858 (2d Cir. 1998) (pre-judgment interest on back pay routinely awarded)
- Mugavero v. Arms Acres, Inc., 680 F. Supp. 2d 544 (S.D.N.Y. 2010) (contextual guidance on Gore guideposts and punitive damages amount)