Rehearing Sought in Punitive Damages Case

The latest from the Supreme Court of Appeals of West Virginia on punitive damages is Peters v. Rivers Edge Mining, http://www.state.wv.us/wvsca/docs/Spring09/34272.htm, where it affirmed a large award, including front pay and $1 million in punitive damages in an action claiming discrimination due to receipt of workers' compensation benefits. The opinion is notable for a new syllabus point stating the Court will review punitive awards de novo. In addition, the court holds that front pay damages are recoverable in workers compensation discrimination cases. Finally, the Court restates that it can provide the constitutionally required "meaningful appellate revew" at the petition stage. Last Friday, Rivers Edge filed a petition for rehearing on the punitive damages issue, and is supported by amicus briefs by the West Virginia Chamber of Commerce, Coal Association, Manufacturers' Association and BIC.