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).
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.
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.