Jump to Navigation

Posts tagged "Jury"

Hernández-Miranda v. Empresas Díaz Massó, Inc., No. 10-1639 (1st Cir. June 29, 2011); King v. University Healthcare System, L.C., No. 09-30794 (5th Cir. June 28, 2011)

Two plaintiffs win at trial and, on appeal, achieve differing results. In the First Circuit, a Title VII plaintiff improves on her win by persuading the court (with an assist from the EEOC as amicus) that the number of employees in the "current or preceding calendar year" - for purposes of setting the damage cap under 42 U.S.C. § 1981a(b)(3) - is based on the number of employees at the time of the act of discrimination, rather than at the time of trial. In the Fifth Circuit, the employee keeps her Equal Pay Act award, but loses a state statutory wage claim.

Staub v. Proctor Hospital, No. 08‐1316 (7th Cir. May 23, 2011)

On March 1, 2011, the Supreme Court reversed the Seventh Circuit's grant of judgment as a matter of law for the employer in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case (131 S. Ct. 1186 (2011)), where a jury found the company liable for discrimination under that act. In an unpublished coda, the Seventh Circuit remands the case for a new trial, and along the way tweaks the high court's opinion a bit.

Aponte-Rivera v. DHL Solutions (USA), Inc., No. 10-1655 (1st Cir. May 25, 2011)

The First Circuit affirms a Title VII/Puerto Rican law verdict for the plaintiff, though remitting the award from $800,000 to nearly $450,000. The holding demonstrates that a half-hearted management response to sex harassment complaints can be as bad as no response at all.

McInerney v. United Air Lines, Inc., No. 09-1423 (10th Cir. Apr. 11, 2011)

A split jury verdict, of a kind now common in Title VII cases, is affirmed in full (in a non-precedential decision) by a 2-1 panel of the Tenth Circuit. The jury rejected the employee's gender discrimination claim, while awarding her $3 million in compensatory damages on her retaliation claim. The district court capped the award at $300,000, as required by 42 U.S.C. § 1981a(b)(3), but added $89,877 in back pay, and the Tenth Circuit remands for an award of attorneys' fees.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One California Street, 12th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 200W
Washington, DC 20001
Phone: 202-847-4400
Map and Directions