News & Analysis as of

Jury Trial Retaliation

Proskauer - Labor Relations Update

Sixth Circuit Sends Ohio State Graduate Student’s Employment Status Case Under Title VII to a Jury Trial

On August 28, 2024, the Sixth Circuit in Huang v. Ohio State Univ., 6th Cir., No. 23-03469 (Aug. 28, 2024) –—in a case with broader implications for the employment status of graduate students—reversed the Southern District of...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Proskauer Rose LLP on

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Fisher Phillips

Fired Worker Not Entitled to Jury Trial for Disability Retaliation Claim: Key Takeaways for Employers

Fisher Phillips on

A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more

Vinson & Elkins LLP

Juries are More Likely to Find Retaliation than Discrimination

Vinson & Elkins LLP on

On October 25, 2022, a federal jury in Houston awarded a woman $365,000,000 in punitive damages and over $1,000,000 in compensatory damages, after finding that her employer had terminated her in retaliation for complaining...more

Jackson Lewis P.C.

Jury Finds Plaintiff Failed to Prove He Engaged in Activity Covered by False Claims Act

Jackson Lewis P.C. on

Finding the plaintiff did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected activity, a jury returned a verdict for the former employer, a subsidiary of a...more

Proskauer - California Employment Law

L.A. Jury Delivers Mother of All Verdicts – $464 Million to Two Employees!

As we have previously reported, jury verdicts in employment cases have continued to skyrocket in recent months, and there is no sign they are leveling off. Late last week, a Los Angeles Superior Court jury awarded a total of...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Court Affirms PAGA Claims Based on Cal/OSHA Violations: Are Further PAGA-Cal/OSHA Actions to Come?

In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity...more

Holland & Hart - Employers' Lawyers

Rumors, Innuendo Lead Wyoming Highway Patrol to Face Sexual Harassment Trial

Most people know overtly sexual comments are likely to violate their employer’s rules and could lead to sexual harassment claims. But many don’t understand the comments are a problem not just because they’re sexual. That’s...more

Proskauer - Law and the Workplace

SJC Finds Commissions Lost Due to Retaliation Are Subject to Trebling

In a February 12, 2020 decision, Parker v. EnerNOC, Inc., SJC-12703, the Massachusetts Supreme Judicial Court held that the full commission which would have been due to an employee had she not been retaliated against and...more

Butler Snow LLP

#MeToo sexual harassment claims against court clerk go to jury trial

Butler Snow LLP on

Like Title VII of the Civil Rights Act of 1964, the Tennessee Human Rights Act (THRA) forbids sexual harassment as a form of sex discrimination. To be actionable, the harassment must be so severe or pervasive that it creates...more

Bradley Arant Boult Cummings LLP

Stick to Your Story: Employer’s Shifting Termination Justifications Can Cause Employer to Have to Explain Its Discharge Decision...

If you want to avoid potential liability from a former employee, remember a key maxim: Stick to your story about why you made the employment decision. If an employer shifts rationales for its decision or tries to pile on by...more

Flaster Greenberg PC

Fast Food Chain Turns $626 Loss Into Nearly $8 Million

Flaster Greenberg PC on

When Chipotle Mexican Grill Inc. fired store manager Jeanette Ortiz, accusing her of stealing $626 in cash from the safe, it could never have expected its minimal theft loss to balloon into a nearly $8 million jury verdict...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

Seyfarth Shaw LLP

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Baker Donelson

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

Baker Donelson on

Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. In Young, the Court held, among other things, that "there...more

Proskauer - Whistleblowing & Retaliation

Illinois Whistleblower Awarded $3 Million Following Jury Trial

In what appears to be an alarming trend for employers, the Chicago Tribune recently reported that a former Chicago State University employee was awarded $3 million after a Cook County, Illinois jury found that the University...more

Eversheds Sutherland (US) LLP

Federal Courts Take Divergent Approaches to Jury Trials for Whistleblower Plaintiffs Under Dodd-Frank and Sarbanes-Oxley

A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more

King & Spalding

Court Holds Dodd-Frank Whistleblower Has No Right to Jury Trial

King & Spalding on

In an apparent case of first impression, a federal district judge in Atlanta has ruled that whistleblowers claiming retaliation under the Dodd-Frank Wall Street Financial Reform and Consumer Protection Act of 2010 are not...more

Proskauer - Whistleblowing & Retaliation

Georgia Federal Court Rules That Dodd-Frank Whistleblowers Are Not Entitled To A Jury Trial

On November 12, 2013, a Georgia district court ruled that Dodd-Frank whistleblowers are not entitled to a jury trial or punitive damages. Pruett v. BlueLinx Holdings, Inc., No. 13-cv-02607 (N.D. Ga., Nov. 12, 2013). This is a...more

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