Brocklehurst v. PPG Industries, Inc.

3 Citing cases

  1. Brocklehurst v. PPG Industries, Inc.

    123 F.3d 890 (6th Cir. 1997)   Cited 125 times
    Holding that the soundness of an employment decision may not be challenged as a means of showing pretext

    In another published opinion, the district court denied PPG's motion for judgment as a matter of law or for a new trial but remitted the damage award to $528,818. See Brocklehurst v. PPG Indus., Inc., 865 F. Supp. 1253 (E.D. Mich. 1994). Brocklehurst subsequently moved for attorney fees pursuant to 802 of the Elliott-Larsen Civil Rights Act. Mich. Comp. Laws Ann. 37.2802 (West 1985).

  2. Blakey v. Continental Airlines, Inc.

    992 F. Supp. 731 (D.N.J. 1998)   Cited 37 times
    Granting remittitur of jury verdict; jury awarded $500,000 for emotional distress; judge reduced award for emotional distress to $250,000; plaintiff was a female airline pilot subjected to sexual harassment in the work place; the plaintiff saw her psychologist 25 times over a period of "several years"; the plaintiffs "physical symptoms . . . became so severe that she was placed on psychotropic medication"; the plaintiffs "symptoms were identifiable, treated by a professional, and resulted in medication and medical leave"

    Blakey conceded at oral argument that the award in this case is at the high end even among the cases she cites. In fact, in two of Blakey's "Top 3" cases, Von Stein v. Brescher, 696 F. Supp. 606 (S.D.Fla. 1988), rev'd on other grounds, 904 F.2d 572 (11th Cir. 1990) and Brocklehurst v. PPG Industries, 865 F. Supp. 1253 (E.D.Mich. 1994), rev'd on other grounds, 123 F.3d 890 (6th Cir. 1997), the district courts also pointed out that the $500,000 — plus awards were in the high end of the usual range of awards. Furthermore, plaintiffs in New Jersey LAD cases have recovered even less.

  3. Clifton v. M.B.T.A., No

    No. 95-2686-H (Mass. Cmmw. Feb. 3, 2000)

    As the plaintiff has noted, other juries have awarded 8500,000 in emotional distress damages in discrimination cases, and other courts have upheld such verdicts. See Brocklehurst v. PPG Industries, Inc., 865 F. Supp. 1253, 1266 (E.D.Mich. 1994) (age discrimination); Jenkins v. Southeastern Michigan Chapter, American Red Cross, 141 Mich. App. 785, 369 N.W.2d 223, 230 (1985) (race discrimination). In Massachusetts, the MCAD in at least four cases identified by the plaintiff has awarded amounts ranging from $250.000 to $335.000 for emotional distress, and the three cases that were reviewed by the Superior Court survived that challenge.