Before Judges MICHELS, MUIR, Jr., and COBURN. Vincent J. Apruzzese, Warren, for defendants-appellants and cross-respondents (Apruzzese, McDermott, Mastro & Murphy, attorneys; Mr. Apruzzese, of counsel; Mr. Apruzzese, Sharon P. Margello, Richard C. Mariani, Warren, Jerrold J. Wohlgemuth, Westfield, and Daniel P. Murphy, Newark, on the brief). Bruce P. McMoran, Newark, for plaintiff-respondent and cross-appellant (Barry & McMoran, attorneys; Mr. McMoran, of counsel; Mr. McMoran, John J. Barry, Colleen D. Shiarella, and Carmen J. DiMaria, on the brief).
The opinion of the court was delivered by
Defendants Schering-Plough Corporation (Schering), James Reed (Reed), Ronald Martino (Martino), and Jerome A. Sherman (Sherman) appeal (1) from a judgment of the Law Division entered on a jury verdict that awarded plaintiff Ferdinand C. Maiorino (Maiorino) (a) compensatory damages in the total amount of $435,000, consisting of $180,000 for back pay, $200,000 for front pay, and $55,000 for pain, suffering, and humiliation, and (b) punitive damages in the amount of $8,000,000 against Schering; (2) from an award of attorneys' fees and costs totalling $396,989.35; and (3) from a post-judgment order that denied their motions for judgment notwithstanding the verdict, a new trial, or a remittitur in this age discrimination suit brought pursuant to the provisions of the New Jersey Law Against Discrimination, N.J.S.A. 10:5-1, et seq. Maiorino cross-appeals from that portion of the judgment that awarded him attorneys' fees and costs totalling $396,989.35, contending that the trial court should have applied a contingency fee enhancer to the lodestar to increase his award of attorneys' fees.
The proofs at trial established that Schering is a manufacturer of pharmaceutical products with a net worth of approximately $1,820,800,000 and an annualized 1994 net income of $987,800,000.