ARIZONA v. ASARCO LLC

No. 11-17484.

773 F.3d 1050 (2014)

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 December 10, 2014.


Attorney(s) appearing for the Case

David T. Barton (argued), Eric B. Johnson , and Brian A. Howie , Quarles & Brady LLP, Phoenix, AZ, for Defendant-Appellant.

Thomas C. Horne , Ann Hobart , and Leslie Ross , Assistant Attorneys General, State of Arizona Department of Law, Civil Rights Division, Phoenix, AZ, for Plaintiff-Appellee State of Arizona.

Eric Schnapper (argued), University of Washington Law School; Jenne S. Forbes , Waterfall, Economidis, Caldwell, Hanshaw & Villamana, P.C., Tucson, AZ, for Intervenor-Plaintiff Appellee.

Julie L. Gantz (argued), Attorney, P. David Lopez , General Counsel, Lorraine C. Davis , Acting Associate General Counsel, Jennifer S. Goldstein , Acting Assistant General Counsel, Equal Employment Opportunity Commission, Washington, D.C., for Amicus Curiae United States Equal Employment Opportunity Commission.

Before: SIDNEY R. THOMAS, Chief Judge, and STEPHEN REINHARDT, ALEX KOZINSKI, BARRY G. SILVERMAN, RONALD M. GOULD, MARSHA S. BERZON, RICHARD R. CLIFTON, N. RANDY SMITH, MARY H. MURGUIA, MORGAN CHRISTEN, and JACQUELINE H. NGUYEN, Circuit Judges.


OPINION

This appeal presents the question of whether a $300,000 punitive damages verdict, in a Title VII sexual harassment case in which only nominal damages were awarded, comports with due process. Given the statutory scheme that governs punitive damages in Title VII cases...

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