Mount Laurel 1/15/2012 2:05:00 PM
News / Law

Employment Rights Lawyer Discusses Arkansas' Supreme Court Declaration of Punitive Damages "Cap" as Unconstitutional

A case that began about negligent contamination of rice with genetically modified rice ended with the Supreme Court of the State of Arkansas striking down a legislative "Cap," or limit, on punitive damages. 

"Obviously, the Arkansas State Supreme Court got it right," says partner Kevin Costello at Costello & Mains, the New Jersey Employment and Civil Rights Law Firm. "Any Court that invalidates attempts to usurp the function of a jury gets its right. I can't comment on how the Arkansas State Constitution would read in comparison with that of New Jersey, but I can tell you this: New Jersey has a Cap on punitive damages and as far as I know, there has never been a challenge that the Cap is unconstitutional."

Partner Deborah Mains adds: "At Costello & Mains, we believe in juries and in the wisdom that created a right to trial by jury. We applaud the Arkansas Supreme Court and call upon New Jersey's Legislature to eliminate its Cap or upon the Courts to eliminate the Cap as unconstitutional."

The employment and civil rights law attorneys at Costello & Mains, P.C. are dedicated to protecting the rights of New Jersey workers, students and families. If you suspect that your employment, educational or civil rights have been violated, visit http://www.costellomains.com/ today for a free legal evaluation of your claim. We protect everyone from Wage and Hour abuse, Prevailing Wage abuse, Workplace Retaliation, Whistleblower Retaliation, Workplace Discrimination, Workplace Harassment and from Discrimination in Places of Public Accommodation and in Schools, on the basis of race, gender, religion, sexual orientation, transgendered status, ethnicity, military service, parental status, national origin, disability, national origin and handicap.

About Costello & Mains, P.C.

Kevin Costello and Deborah Mains have been fighting for the rights of the workers and families of New Jersey for nearly 35 years between them, having counseled and represented unions, workers, students and their families for their entire careers. They can fight your employment rights, harassment, retaliation, discrimination or wrongful discharge claim in Court. If you have questions about employment rights in New Jersey, visit http://www.costellomains.com/.