The New Jersey Supreme Court has agreed to address whether a trial court erred in denying remittitur on a whopping $1.4 million award for emotional distress damages in a racial discrimination suit brought under the Law Against Discrimination.  The defendants had argued before the trial court and the appellate division that the award “shocks the conscience,” particularly given the absence of medical or expert testimony addressing the degree of emotional distress allegedly suffered by the plaintiffs.  

The trial court and appellate division found, however, the plaintiffs’ testimony compelling enough not to disturb the jury’s verdict.  The case—Ramon Cuevas v. Wentworth Group—is sure to receive attention in the coming months as the Supreme Court weighs its decision.  Stay tuned.