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Posts tagged "Mitigation"

Gunter v. Bemis Co., Inc., No. 17-6144 (6th Cir. Oct. 16, 2018)

Through careful advocacy, a former factory worker with lifting restrictions preserves most of his jury verdict in an ADA discrimination case - $181,522.61 in back pay and $92,000 in compensatory damages - and is remanded to the district court for an award of front pay.

Brown v. Smith, No. 15-1114 (7th Cir. June 28, 2016)

Here's a nice, short decision affirming a judgment of $25,200 in compensatory damages and $65,274.64 in back pay for an ADA plaintiff fired because of his insulin-dependent diabetes. The court underscores that the question of "essential function" under that statute is a factual one for a jury to resolve. And the court also holds that starting a business, even one that fails, is a valid method of mitigating damages.

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