#agediscrimination can be defeated
Cheers!
In 2012, plaintiff Bobby Dean Nickel filed an employment discrimination lawsuit against the Company and its subsidiary, Staples Contract & Commercial, Inc. The lawsuit alleged that Nickel’s 2011 termination was based on his age (over 40). In August 2013, the trial court denied summary judgment on the age discrimination claim, but granted it as to all other claims. On February 26, 2014, after trial, the jury returned a verdict in plaintiff’s favor, awarding him approximately $3 million in compensatory damages and approximately $22 million in punitive damages.
The Company filed a series of post-trial motions asking the trial court to vacate the jury verdict and order a new trial or, if the verdict is not vacated, to reduce the amount of damages awarded through the process of remittitur. The trial court granted judgment notwithstanding the verdict as to the punitive damages assessed against Staples, Inc., reducing the total judgment to approximately $16 million . The trial court also awarded Nickel approximately $1 million in attorneys’ fees and costs.
The Company filed an appeal with the California Court of Appeal in November 2015 and the matter was heard in April 2016. On May 26, 2016, the Court of Appeal ruled against the Company, and subsequently denied the Company’s Request for Rehearing. On July 5, 2016, Staples filed a Petition for Review with the California Supreme Court. On July 19, 2016, Nickel filed his Answer to the Petition for Review and on July 28, 2016, Staples filed its Reply to Nickel’s Answer to the Petition for Review. The Supreme Court denied the petition for review on August 10, 2016. Staples subsequently paid approximately $22 million to satisfy the outstanding judgment, including interest and Nickel's attorney's fees and costs.