New York—After being referred to as “childish” by a New York court, JCPenney has returned to the courtroom, appealing a New York judge’s ruling that it must pay damages to Macy’s for interfering in that department store’s contract with Martha Stewart.
The deal was a legacy of former JCPenney CEO Ron Johnson who cut a secret partnership with Stewart behind Macy’s back in late 2011. On Tuesday, JCPenney filed a motion stating it “does not believe that money damages are warranted and is defending against any damages by exercising options for appeal.”
That’s besides the fact that last month, New York Judge Jeffrey Oing limited JCPenney’s liability for damages, arguing that the sheer embarrassment of Johnson’s disastrous deal was punishment enough.
Oing ruled Macy’s wasn’t entitled to punitive damages because Penney’s plot to steal away Martha Stewart was “childish” rather than “wanton, reckless, and malicious.”
In a written response Tuesday, Macy’s said that “in light of” JCPenney’s appeal, it will appeal Oing’s denial of punitive damages to Macy’s.