The New York Appellate Division, 1st Department’s 3-2 decision to vacate a jury’s $75,000 post-traumatic-stress award in a “fear of AIDS” case has drawn a scathing dissent from Justice James M. Catterson.

Catterson criticized the majority for adhering to a judicially created six-month limit for emotional damages in AIDS-phobia cases rather than allowing a jury to determine whether the plaintiff’s distress was “genuine” or “substantial,” as required by prior precedent.

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]