The Ninth Circuit has ordered en banc rehearing in Arizona v. Asarco, a Title VII sexual harassment case in which a jury awarded the plaintiff no actual damages, $1 in nominal damages, and $868,750 in punitive damages.
The original panel decision, described in an earlier post, was split 2-1. Judge O’Scannlain, writing for the majority, reduced the punitive damages to $125,000. Judge Hurwitz dissented, arguing that the award should be affirmed in full.
Hat tip: Howard Bashman via Rick Hasen.
