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A state appeals panel has upheld a lower court’s refusal to let an ex-associate at Orrick, Herrington & Sutcliffe seek punitive damages in his breach of contract and fraud claim against the firm. The Appellate Division, First Department, held that Patrick J. Hoeffner cannot seek punitive damages because his allegations did not demonstrate “circumstances of aggravation or outrage.” The panel wrote in Hoeffner v. Orrick, Herrington & Sutcliffe, 5289, “Neither defendants’ alleged misrepresentations concerning their support for plaintiff’s partner candidacy, nor the breach of their contractual promise to put him up for a partnership, evidence such a high degree of moral turpitude and wanton dishonesty as to imply criminal indifference.”

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