Labor/Employment,
Civil Litigation,
California Courts of Appeal
Apr. 26, 2021
Punitive damages: hypothetical or hyper-technical?
An appellate court recently affirmed a punitive damages award that was largely based on damages that the plaintiffs could not receive under the law. In most cases, punitive damage awards are a multiple — typically three times — of an underlying judgment.
Laura Reathaford
Partner
Lathrop GPM LLP
Phone: (310) 789-4648
On April 15, a California Court of Appeal affirmed a punitive damages award that was largely based on damages that the plaintiffs could not receive under the law. In most cases, punitive damage awards are a multiple -- typically three times -- of an underlying judgment. But what happens when the trier of fact values damages that a plaintiff cannot recover as a matter of law? When can "hypothetical" damages support a punitive damages award? The Court of Appeal in
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