$1 Million “Nominal Damages” Award Vacated as Inconsistent with Common Law Limits

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Walmart Stores East, LP v. Leverette, [Ms. S24G1104, June 24, 2025] __ Ga. __ (2025). The Court (Pinson, J.; Peterson, C.J., Warren, P.J., Bethel, Ellington, McMillian, LaGrua, and Colvin, JJ., concur) held that a jury’s $1 million “nominal damages” award is not permissible under Georgia law. Relying on the English common law adopted by statute in Georgia in 1784, the Court reaffirmed that nominal damages are limited to a “trivial sum”—important for the fact of the award, but not meaningful in amount. The Court emphasized that while the precise upper limit is undefined, awards such as $2,500 (in Pugh, $59,000 today) and $1,000 (in Goins, $29,500 today) have previously been deemed excessive. Because $1 million cannot reasonably be considered “trivial,” the award was vacated. Ms. **1–2, 37–40.

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