Hughes A. and Marilyn B. Bagley - Page 17

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                  Here, we have a situation in which the jury award, which was not                      
            reversed by the court because of its amount, but rather because of an improper              
            jury instruction as to burden of proof, gave five times as much in punitive                 
            damages to petitioner as in compensatory damages, and an award of two and one-              
            half times as much in punitive as compensatory damages that would be                        
            reinstated on the claim for tortious interference with future employment if                 
            the libel case of petitioner were unsuccessful.  Also, there existed the                    
            possibility that an additional $1.5 million of punitive damages might be                    
            reinstated on the invasion of privacy claim.  Based on these facts, we                      
            conclude that some of the $1.5 million is properly allocable to punitive                    
            damages.  However, we do not agree with the amount respondent allocated.  The               
            parties were negotiating for an amount in lieu of the overall amount                        
            petitioner might recover if the case went to trial.  They were considering the              
            risk of trial, as well as items unrelated to the money that petitioner might                
            recover, such as the return of the Bagley documents and the confidentiality of              
            the settlement.  All of these factors were important to IBP.  Also, it is                   
            clear that there would have been, in any event, a $350,000 payment to                       
            petitioner for the tortious interference with future employment award, of                   
            which $250,000 were punitive damages if petitioner was unsuccessful in the                  
            libel suit.  Probably there would have been interest on that award.  However,               
            clearly IBP did not want to acknowledge a payment of punitive damages.  Under               
            these circumstances, it is reasonable to assume that IBP would have paid in                 
            settlement to petitioner the entire $1 million that the jury had found he was               
            due as compensatory damages.  However, in our view, the remaining $500,000 was              
            in settlement of possible punitive damages petitioner might have recovered.                 
            We, therefore, hold that of the $1.5 million settlement amount, $1 million was              
            for compensatory damages and $500,000 was for punitive damages.                             
                  Petitioner argues that the amounts received by petitioner as punitive                 
            damages, which we have found total $1 million, are properly excludable from                 





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