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Wednesday, August 30th 2006

Barnett Damages Thrown Out

Point of Law is reporting that the award (but not the verdict) have been thrown out in Barnett v. Merck. Yeah, I’m sure the jury got one right but not the other.

Bloomberg has a piece up.

Jurors in New Orleans awarded former FBI agent Gerald Barnett $50 million in compensatory damages and $1 million in punitive damages on Aug. 17. U.S. District Judge Eldon Fallon ruled today that the award was too high, based on the 62-year- old Barnett’s health and status as a retiree.

“It is the $50 million compensatory damage award which the court finds grossly excessive,” Fallon wrote in a seven-page decision. “The plaintiff is retired, and therefore cannot recover for lost wages or lost earning capacity.”

Jury Foreman?