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M & N Financing Corporation, et al. v. Department of Fair Employment and Housing
Paid petition · Court of Appeal of California, Second Appellate District, No. B298901 · judgment September 27, 2021
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Question presented
In an action for alleged gender discrimination in violation of a state civil rights statute, is an award of more than $6 million in penalty damages against a small business and its owner unconstitutionally excessive, as a violation of the Eighth Amendment, where none of the alleged victims of discrimination suffered any financial loss at all?
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Counsel of record
For petitioner
Roy G. Weatherup
Lewis Brisbois Bisgaard & Smith LLP
For respondent
Nelson H. Chan
Department of Fair Employment and Housing
Proceedings
- May 16 2022Petition DENIED.
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 20 2022Waiver of right of respondent Departarment of Fair Employment and Housing, A Department of the State of California to respond filed.
- Mar 21 2022Petition for a writ of certiorari filed. (Response due April 22, 2022)