Faulk v. Aware, Inc.
Supreme Court of New York
231 N.Y.S.2d 270 (Sup. Ct. 1962)
John Henry Faulk (plaintiff), a popular radio and television performer, sued Aware, Inc. and its president, Vincent Hartnett (defendants), for libel after they distributed statements accusing him of communist sympathies. He offered expert testimony that, absent the statements, he would have earned between $150,000 and $500,000 annually, and at least $900,000 over the following six years. His employment opportunities sharply declined after the statements were published. The jury awarded Faulk $1,000,000 in compensatory damages and $1,250,000 in punitive damages against Aware and Hartnett.
Whether a jury's award of special damages for lost future earning capacity in a defamation case requires a rational basis grounded in expert testimony.