Earlier this month, our colleague Evan Tager posted about Arizona v. ASARCO, in which the Ninth Circuit granted rehearing en banc to consider how courts should review punitive damages for excessiveness in Title VII cases. Evan’s prior posts on
Why The Ninth Circuit Should Hold That The Punitive Damages Award In Arizona v. ASARCO Is Excessive
In a prior post, I explained why the proper approach in Arizona v. ASARCO is to compare ASARCO’s conduct to conduct in other Title VII cases and then select a punishment—from zero to $299,999—commensurate with where ASARCO’s conduct stands
Ninth Circuit To Hear Title VII Punitive Damages Case En Banc
It’s not often that federal courts of appeals agree to decide punitive damages cases en banc, so Arizona v. ASARCO, which the Ninth Circuit will rehear en banc on June 18, strikes us as worthy of attention. In fact,