10th Circ. Says Juries Should Decide Punitive Damages

Law360, New York (October 24, 2011, 7:55 PM EDT) -- The Tenth Circuit on Monday ruled the Seventh Amendment requires federal juries, and not judges, to decide amounts of punitive damages, but held that a jury's $2 million award against UPS Inc. in a worker's retaliatory discharge suit was excessive.

Although the appeals court affirmed a Kansas federal jury’s grant of punitive damages to Keith Jones, a delivery driver who alleged UPS fired him in retaliation for filing a workers’ compensation claim, it found the award was excessive and violated UPS’ federal due process rights....
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