· 5/24/2001
Jane M. Foster v. Time Warner Entertainment Company, L.P.
Citations
- 250 F.3d 1189
- 11 Am. Disabilities Cas. (BNA) 1383
- 2001 U.S. App. LEXIS 10591
- 2001 WL 548561
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a new trial or remittitur is appropriate if the damages are so grossly excessive as to shock the conscience of the court
- explaining that the issue of whether punitive damages were warranted against employer in former employee’s action for retaliation under the ADA was for the jury
- stating that a retaliation plaintiff “‘need not establish the conduct which she opposed was in fact discriminatory but rather must demonstrate a good faith, reasonable belief that the underlying conduct violated the law’”
- holding $75,000 award for emotional distress in ADA claim was not excessive where plaintiff and her husband testified that plaintiff had become withdrawn, could not eat, experienced back pain and other physical and emotional problems
- affirming jury’s award of, inter alia, $75,000 in compensatory damages after “finding that [defendant] terminated [plaintiff] in retaliation for engaging in conduct protected by the ADA”
- “Punitive damages are appropriate [in an ADA retaliation action] if an employer engaged in intentional discrimination with ‘malice or reckless indifference to the [plaintiffs] federally protected rights.’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Murphy, Piersol
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.