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· 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 CourtListener

Sourced 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.