dissenting.
I respectfully dissent. Two juries have found the issues in favor of the plaintiff Hithon and granted both compensatory and punitive damages. In my view, the record supports an affirmance of the second jury verdict as to compensatory damages. With respect to punitive damages, the record also supports a conclusion that a punitive damages award is justified, but in my view, the amount of punitive damages awarded by the jury is excessive.
As a consequence, I would affirm the award of compensatory damages and return the case to the district court for a new trial on punitive damages, unless the plaintiff accepts a remittitur.