The jury found in favor of Shephard on her age discrimination claim, awarding $544,997 in compensatory damages and $1.25 million in punitive damages. The trial court added $419,052 in attorney’s fees, $41,538.21 in litigation expenses, and $30,478.18 in prejudgment interest, for a total judgment of $2,126,059.39. CrossCountry Mortgage’s motion to apply a statutory punitive damages cap was granted, with Shephard stipulating to the amount.
CrossCountry challenged the verdict on six grounds, including jury confusion, evidentiary rulings, and the denial of its motions for a directed verdict and new trial. But the Eighth Appellate District Court of Appeals affirmed the trial court’s ruling.
The court noted inconsistencies in CrossCountry’s justification for the termination and highlighted noncompliance with the Older Workers Benefit Protection Act. Specifically, Shephard was given only 21 days to review a severance agreement, which would have required 45 days had her termination been part of a group layoff.
The case also included testimony from former CCM controller David Constantini, who confirmed that senior leadership had expressed interest in hiring “younger and hungrier” employees and that Shephard had not been subject to any performance issues under his supervision.
With the appellate ruling now final, CrossCountry Mortgage posted a $2,494,576.35 surety bond to stay enforcement of the judgment during the appeal.
