· 10/24/2001
Troy Swinton v. Potomac Corporation, Dba Crescent Cardboard Company, Dba crescent/u.s. Mat
Citations
- 270 F.3d 794
- 2001 Cal. Daily Op. Serv. 9092
- 2001 Daily Journal DAR 11381
- 2001 U.S. App. LEXIS 22853
- 82 Empl. Prac. Dec. (CCH) 40,887
- 87 Fair Empl. Prac. Cas. (BNA) 65
- 2001 WL 1267778
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that trial court retains discretion to allow defendant to introduce evidence of remedial measures in response to its discovery of misconduct as a means to mitigate punitive damages
- holding, in coworker harassment context, that plaintiff must prove “that the employer knew or should have known of the harassment but did not take adequate steps to address it”
- holding, in coworker harassment context, that plaintiff must prove \that the employer knew or should have known of the harassment but did not take adequate steps to address it\
- noting that the “defendant must establish the corrective action as an affirmative defense”
- upholding a ratio of 28:1 and noting that “where the injury is primarily personal, a greater ratio may be appropriate” (citation omitted)
- affirming a punitive damages award where only the third guidepost “weigh[ed] in favor of a reduction”
Source: CourtListener parenthetical corpus (CC0).
Judges: McKeown, Fletcher, Rawlinson
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.