Jottings By An Employer's Lawyer

Thursday, November 13, 2003

Avoiding The Hanging Jury - And We Are Not Just Talking About the Law West of the Pecos

I often tell clients that my goal when trying an employment law case is to win, but a close second is to make sure that we don't lose big. And in employment law cases that usually means don't give the jury the ammunition or desire for a large punitive damage award. Even if you can (and you often can) get them reversed or lowered on appeal, it still makes for an uncomfortable period of time while that judgment is hanging around your head and on your balance sheet. Dr. Joni Johnston, who has been linked to before here, makes that same point and some ways to avoid it in her lexisONE article on The Role of Emotions in Punitive Damage Decisions.

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