The jury's rejection of an intentional infliction of emotional distress claim does not necessarily preclude an award of punitive damages.

Following a jury trial on the plaintiff's NJLAD claim alleging gender discrimination, the jury found for the plaintiff on her claim of discrimination, but rejected her claim of intentional infliction of emotional distress and also rejected her claim of emotional distress damages. Thereafter, the trial court dismissed the claim of punitive damages based upon a conclusion that the jury's rejection of the intentional infliction claim barred the claim. In reversing the holding, the Appellate Division held that the elements of the two claims were not the same and that the rejection of the intentional infliction claim could have been premised upon a finding of no damages and that such a finding would not preclude an award of punitive damages.

Case Law Alert - 2nd Qtr 2011