Lawyers defending against punitive damages claims ought to put on their dancing shoes after the North Carolina Supreme Court’s decision Friday in Scarborough v. Dillard’s, Inc.
That’s because the majority opinion by Chief Justice Parker makes it easier for trial and appellate judges to set aside a jury’s award on punitive damages. With Scarborough on the books, a "scintilla of evidence" is no longer enough to support a judgment granting punitive damages.
Facts
The Plaintiff in Scarborough was a shoe salesman for Dillard’s. Dillard’s had him indicted for embezzlement
The Business Court granted summary judgment on Plaintiff’s trade secrets claim yesterday in