Carter

A jury found defendant CB Richard Ellis, Inc. (defendant), liable to Helen A. Carter (plaintiff) for age and sex discrimination based on her claim that defendant’s company-wide administrative reorganization had caused a disparate impact on women employees and those over the age of 40. The jury also found defendant liable for breach of an “oral or implied employment agreement” not to demote without good cause. Compensatory damages of $420,861 were awarded, to which the jury added $600,000 in punitive damages, for a total award of $1,020,861. The court denied defendant’s motion for judgment notwithstanding the verdict (JNOV), but conditionally granted a new trial on the entire contract cause of action and on the amount of damages caused by the discrimination, unless plaintiff agreed to a reduced award of $420,861, comprised of $120,861 in compensatory damages and $300,000 in punitive damages. Plaintiff did not accept the remittitur. Defendant appeals the denial of its JNOV motion, and the denial of its motion for new trial on the liability element of the discrimination claim. Plaintiff cross-appeals the order granting a new trial.

We conclude the evidence was insufficient…