No. 21-1285

M & N Financing Corporation, et al. v. Department of Fair Employment and Housing

Lower Court: California
Docketed: 2022-03-23
Status: Denied
Type: Paid
Response Waived
Tags: civil-rights civil-rights-statute constitutional-excessiveness eighth-amendment excessive-fines gender-discrimination penalty-damages small-business small-business-liability state-statute
Key Terms:
AdministrativeLaw Punishment JusticiabilityDoctri
Latest Conference: 2022-05-12
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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?

Docket Entries

2022-05-16
Petition DENIED.
2022-04-26
DISTRIBUTED for Conference of 5/12/2022.
2022-04-20
Waiver of right of respondent Departarment of Fair Employment and Housing, A Department of the State of California to respond filed.
2022-03-21
Petition for a writ of certiorari filed. (Response due April 22, 2022)

Attorneys

Departarment of Fair Employment and Housing, A Department of the State of California
Nelson H. ChanDepartment of Fair Employment and Housing, Respondent
Nelson H. ChanDepartment of Fair Employment and Housing, Respondent
M & N Financing Corporation, et al.
Roy G. WeatherupLewis Brisbois Bisgaard & Smith LLP, Petitioner
Roy G. WeatherupLewis Brisbois Bisgaard & Smith LLP, Petitioner