Smith v. Xerox

N/A

OUTCOME: Won at trial on retaliation claim with punitive damages. On appeal, verdict affirmed, but punitive damage award vacated.

Although we handle the defense side almost exclusively, I represented a friend of a friend in an age and gender discrimation case, thinking that becuase of the facts, it would lead to a quick settlemen ... t. Wrong. Xerox circled the wagons and spent about 4 or 5 times the amount defending than its resonable settlement value. We won at trial on retaliation claim with punitive damages awarded. We later learned that a juror holdout/compromise led to defense verdict on the substantive claims. On appeal, the retaliation claim was affirmed, but the punitive damage award was vacated. Smith v. Xerox, 602 F.3d 320 (5th Cir. 2010).