Horvitz & Levy obtained a reduction of a $27.3 million punitive damages award to $800,400 and successfully defended against plaintiff’s request for attorney fees.
A former Walmart pharmacist sued Walmart for allegedly retaliating against and wrongfully terminating her for reporting problems with Walmart’s Medicare discount rates and controlled substances reporting compliance. After a jury awarded $27.5 million against Walmart (including $27.3 million in punitive damages), Walmart hired Horvitz & Levy for posttrial proceedings in federal district court.
Horvitz & Levy filed a motion for new trial, asking the court to grant a new trial, or in the alternative, to reduce the punitive damages award because it was the product of irrelevant and unfairly prejudicial evidence, against the weight of the evidence, and violated Walmart’s right to due process. Horvitz & Levy also helped prepare Walmart’s opposition to plaintiff’s motion for attorney fees.
The district court agreed with many of Horvitz & Levy’s arguments, reduced the punitive damages award from $27.3 million to $800,400, and denied plaintiff’s motion for attorney fees. The case then settled.