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2015
TOP VERDICTS OF NEW YORK
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Sweden about her “unsophisticated” professional conduct, and contacted several members of her family.
In March 2014, when colleagues from TheBlot Magazine allegedly confronted her about her relationship with Wey, Bouveng claimed that she was mortified and feared for her professional reputation.
In April 2014, Bouveng alleged that Wey obtained a key to her apartment, entered the apartment when she was not home and threatened a friend who had been sleeping on the couch. Thereafter, she claimed that Way removed her from a training seminar at work, called her a “F------ b----,” and ordered her to move out of the apartment. Bouveng claimed that Wey escorted her from the building to her apartment, and refused to leave until she packed and left the premises. On April 22, 2014, Bouveng was terminated from the company.
On or about May 16, 2014, she claimed that Wey published a series of articles in TheBlot Magazine about “Swedish girls” that come to New York to “do drugs, drink and party all the time.” In July 2014, plaintiff claimed that Wey posted false statements, articles, and altered images of her on TheBlot Magazine called her a substance abuser and a “loose woman.” Bouveng claimed that shewas defamed by the defendants’ false accusations.
In August 2014, Bouveng returned to Sweden. On Aug. 15, 2014, Bouveng claimed that Wey and four businessmen traveled to Sweden, visited the only bar in plaintiff’s town, and inquired to staff about Bouveng. On Aug. 24, 2014, Bouveng reported Wey’s behavior to the local police and applied for a restraining order. The next day, he allegedly approached her at a café. Plaintiff claimed that she reported the incident to Stockholm police and that she was given a surveillance alarm phone for protection.
Defense counsel denied all of Bouveng’s allegations. They claimed that Bouveng’s claims constituted extortion. The defense argued that Bouveng was an opportunist and that she collaborated with other parties to enhance her story. The defense contended that prior to commencement of this lawsuit, on April 29, 2014, and May 7, 2014, plaintiff’s counsel sent letters to Wey and threatened to engage law enforcement. Defense claimed that the letters threatened an “expensive and embarrassing litigation for you [Wey], your company and your family” should the defense fail pay a substantial settlement.
Defense claimed that Bouveng was terminated for legal, non-discriminatory reasons, i.e., for excessive partying and drinking, dishonest conduct and insufficient seriousness about her work.
Wey denied that he had sexual intercourse with Bouveng and denied that he requested or attempted to have forcibler intercourse with her. He claimed that he had not shared a room with Bouveng on business trips.
The defense alleged that it was Bouveng’s idea to move into an apartment closer to Wey’s office. The defense claimed that Bouveng found the apartment, and asked Wey for financial assistance as her guarantor. Moreover, Wey claimed that he only agreed to help with the apartment after he obtained permission form his wife.
Defense counsel alleged that the defendants did not publish defamatory articles about Bouveng until after the lawsuit was filed and reported in an article in the New York Post. The defendant also denied that he stalked Bouveng and denied that he followed her to Sweden. Wey claimed that he was invited to Sweden as a special guest to attend an annual festival. Wey testified that he entered a café near Bouveng’s hometown, but denied that he spoke to anyone or inquired about Bouveng. He further testified that Bouveng had brought
him to the café several months earlier.
INJURIES/DAMAGES As a result of the purported incidents, including quid pro quo sexual harassment, Bouveng claimed to have suffered and continues to suffer severe emotional distress, including depression, anxiety, panic attacks, nightmares, sleep disturbance, crying jags, and upset. Moreover, plaintiff claimed to suffer from a significant economic loss and damage to her reputation. Plaintiff claimed to suffer from further damages as a consequence of defendant’s violation of the aforementioned Agreement.
Bouveng sought the recovery of punitive damages.
Defense counsel claimed that Bouveng first visited the psychiatrist approximately eight months after the incident, and claimed that any pre-trial visits with the psychiatrist were to prepare for the defense’s cross-examination. The defense’s medical expert, a psychiatrist, opined that Bouveng did not suffer emotional distress or a diagnosable psychological illness as a result of the alleged incidents.
RESULT The jury found that Wey, NYG Capital a/k/a NYGG, and by FNL Media LLC subjected the plaintiff to sexual harassment. The jurors determined that Bouveng was subject to retaliation in violation of the New York State Human Rights Law § 290 and New York City Human Rights Law; and that the defendants failed to prove their affirmative defense to plaintiff’s retaliation claims.
However, the jury determined Bouveng was not subjected to assault or battery by defendants. The jurors found that Bouveng was subject to defamation by the defendants. The jurors found Bouveng’s compensatory damages totaled $2,000,001.00, including $500,000 in compensatory damages for plaintiff’s New York State and City Human Rights Law quid pro quo sexual harassment claims; $1,500,000 in compensatory
damages for injuries suffered regarding her defamation claim; and $1 for injuries sustained as a result of her retaliation claim.
The jurors further found the plaintiff was entitled to punitive damages for her defamation claims and New York City Human Rights law retaliation claims. However, the jury determined that Bouveng was not entitled to punitive damages for her New York City Human Rights Law quid pro quo sexual harassment claims.
Further, they found that NYG Capital LLC a/k/a NYGG, and FNL Media LLC, authorized and participated in the defamatory statements at issue.
The jury determined Bouveng was entitled to $16,000,003.00 in punitive damages: including a $10,000,000 award for plaintiff’s defamation claim against Wey; a $1,000,000 award for defamation claims against NYG Capital LLC and NYGG; and a $5,000,000 judgment against FNL Media LLC. The jury determined that the punitive damages would punish the defendants, and would deter similar conduct in the future.
It ordered Wey, NYGG and FNL Media LLC pay $1, respectively, in punitive damages with respect to plaintiff’s New York City Human Rights Law retaliation claim.
The jury’s judgment against the defendants totaled $18,000,004.00.
22 VerdictSearch’s Top New York Verdicts of 2015
HANNA BOUVENG
$16,000,000 punitive damages $2,000,000 compensatory damages $18,000,000 plaintiff’s total award
POST TRIAL Plaintiff’s counsel has submitted an application seeking recovery of attorney’s fees.
EDITOR’S COMMENT This report is based on information that was provided by plain- tiff’s and defense counsel. Additional information was gleaned from court documents.