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Appellate "Victory" Bumps $1.3 Million Punitive Award to $30 Million

Oops.

An appellate victory backfired Wednesday when a federal jury awarded $30 million in punitive damages in the retrial of a case where the first jury had awarded just $1.3 million.

The first trial of CGB Occupational Therapy Inc. v. RHA/Pennsylvania Nursing Homes Inc., in November 2002, ended with a verdict of nearly $2 million -- $685,000 in compensatory damages and $1.3 million in punitives.

But the 3rd U.S. Circuit Court of Appeals overturned part of the verdict in February 2004, reducing the compensatory award to $109,000 and ordering a new trial limited to the issue of punitive damages.

Now a second jury has again found that the plaintiff is entitled to punitive damages and awarded $30 million.

I hate it when that happens. Details here from The Legal Intelligencer via Law.com.

Comments

I actually was one of the Jurors on this case. I feel Ms. Brillman deserves every last cent. I was glad to be able to be a part of doing what is right for our people here in America.