Kingston v. International Business Machines Corporation
2:19-cv-01488
| W.D. Wash. | Dec 23, 2022Background
- Plaintiff Scott Kingston, a 58-year-old former IBM employee, prevailed at trial on claims for unpaid commissions, retaliation, and wrongful termination; the jury awarded $6,000,000 in non-economic (emotional) damages plus substantial economic damages and fees.
- The Ninth Circuit affirmed liability and most rulings but found the $6,000,000 non-economic award "shockingly excessive" and remanded for remittitur, noting no Washington appellate decision had upheld more than $1.5 million in similar cases.
- Trial proof of emotional harm included Kingston’s testimony about depression, loss of activities, reputational harm and prolonged job-search rejection; Mrs. Kingston testified about loss of intimacy, functional decline, and fears of self-harm.
- On remand the district court reviewed Washington precedents and the trial record and remitted non-economic damages to $1.5 million, giving Kingston 14 days to accept or request a new trial on that issue.
- The court denied Kingston’s motion for entry of partial final judgment under Rule 54(b), finding damages not severable by claim; it also resolved the Ninth Circuit-transferred fee request, awarding $345,870.57 in appellate attorneys’ fees after several reductions and denying a requested multiplier.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper scope and amount of remittitur for non-economic damages | Remit to between $1.8M and $3M (or preserve jury award) | Reduce substantially (urged ~$275K–$250K); Ninth Circuit suggested large reduction | Remitted to $1.5M as supported by Washington precedent and the record; Ninth Circuit did not impose a binding cap but signaled $1.5M as an upper benchmark |
| Whether Rule 54(b) permits entry of partial final judgment on undisputed damages | Enter final judgment on economic damages, commissions, fee awards | Opposed; Rule 54(b) not applicable | Denied — Rule 54(b) inapplicable because damages are not severable by claim |
| Recoverable appellate attorneys’ fees and scope of billable time | Fees for $401,754.50 in appellate work (including some mediation/financing/media time); requests 1.1 multiplier | Exclude time unrelated to appeal (mediation, financing, media, post-appeal work, some admin/travel) | Award limited to appellate-related time; excluded mediation/financing/media and some post-appeal/admin; reduced travel time by 25%; final award $345,870.57 |
| Multiplier and reduction for partial success on appeal | Apply 1.1 multiplier (as previously applied post-trial) | No multiplier; reduce for partial loss on remittitur | Multiplier denied; no reduction for partial success (Kingston prevailed on the primary appeal issues) |
Key Cases Cited
- Elias v. City of Seattle, 2 Wash. App. 2d 1039 (Wash. Ct. App. 2018) (upheld $1.5M non-economic award in retaliation/transfer context)
- Collins v. Clark Cnty. Fire Dist. No. 5, 231 P.3d 1211 (Wash. Ct. App. 2010) (upheld substantial non-economic awards for harassment/retaliation; $875,000 affirmed)
- Houck v. Farmers Grp., Inc., 90 Wn. App. 1042 (1998) (upheld ~$920,000 non-economic award where medical expert established major depressive disorder)
- Bunch v. King Cnty. Dep't of Youth Servs., 155 Wn.2d 165 (Wash. 2005) (Washington standard: plaintiff need only prove actual anguish; distress need not be severe)
- Zhang v. Am. Gem Seafoods, Inc., 339 F.3d 1020 (9th Cir. 2003) (affirmed emotional-damages award supported by testimony)