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ARIZONA v. ASARCO LLC

No. 11-17484.

733 F.3d 882 (2013)

State of ARIZONA; Terry L. Goddard, Attorney General for the State of Arizona; Arizona Department of Law, Civil Rights Division, Plaintiffs-Appellees, Angela Aguilar, Intervenor-Plaintiff-Appellee, v. ASARCO LLC, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 24, 2013.

Attorney(s) appearing for the Case

David T. Barton , Quarles & Brady LLP, Phoenix, AZ, argued the cause and filed a brief for the appellant. With him on the briefs were Eric B. Johnson and Brian A. Howie , Quarles & Brady LLP, Phoenix, AZ.

Jenne S. Forbes , Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tucson, AZ, argued the cause and filed a brief for appellees. With her on the briefs were Thomas C. Horne , Attorney General, Ann Hobart and Leslie Ross , Assistant Attorneys General, Phoenix, AZ.

Opinion by Judge O'SCANNLAIN; Partial Concurrence and Partial Dissent by Judge HURWITZ.

OPINION

O'SCANNLAIN, Circuit Judge:

We must decide whether the Constitution permits a six-figure punitive damage award in a sexual harassment suit where the jury awarded no compensatory damages and only one dollar in nominal damages.

I

ASARCO is a large copper mining and refining company. One of its many facilities is the Mission Mine Complex, located in Sahuarita, Arizona, about thirty miles south of Tucson. This facility includes both...

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