Courts regularly act as gatekeepers in determining what evidence juries are entitled to hear at trial. In Nuccio v. Shell Pipeline Co., LP, a federal district court barred an Equal Employment Opportunity Commission (EEOC) determination letter because its probative value was outweighed by its prejudice. No. 19-446-WBV-DPC (E.D. La. Dec. 11, 2020). Nuccio highlights an
Whistleblower Rights in Today’s Evolving Federal Statutory Landscape
All viable whistleblower cases arise from allegations of wrongdoing serious enough to run afoul of some statute or rule. Common issues in every whistleblowing case include:
- Who is subject to protection against retaliation as a whistleblower?
- What types of conduct or speech are entitled to protection as whistleblowing?
- What must a whistleblower do by way
The Rules of the Closing Argument
The evidence is in, the jury instructions are done, final trial motions have been made (and appeal points dutifully preserved), and it is time for the final argument, the holy grail of the trial lawyer. After months (if not years) of preparation, it is finally time to just argue, to tell the jurors what you
Florida Jury Awards Former University Registrar $310,500 In Retaliation Suit
A jury recently returned a $310,500 verdict in favor of a former University of South Florida employee on her retaliation claim against the University. DeBose v. USF Board of Trustees, et al, No. 8:15-cv-02787 (M.D. Fla. Sept. 26, 2018). The former employee, Angela DeBose, claimed she was retaliated against because she had filed internal
Pennsylvania Jury Finds Female Professor’s Retaliation Claims Pass the Test
A federal jury has awarded a female professor lost earnings and punitive damages on two counts of employment retaliation, despite rejecting her claim of sex discrimination in a university’s distribution of coveted teaching assignments. Baugh v. Robert Morris University, No. 2016-cv-430 (W.D. Pa. Sept. 11, 2018).
Jeanne Baugh, a computer programming professor at Robert
How to Minimize Exposure to Jury Verdicts with Internal Investigations
It is more important than ever that employers conduct internal investigations of workplace complaints and take appropriate action when there is cause to do so. Proper investigations and thorough pre-litigation assessments can help employers minimize exposure to unfavorable jury verdicts and awards.
A case from the U.S. District Court for the Southern District of New
Jury Award of Emotional Distress Damages Must Be Reduced by Millions, Judge Rules
A federal judge in New York has ruled that a plaintiff could recover only a small portion of the $2.5 million a jury awarded him, granting the defendant’s request for the reduction. Saber v. New York State Department of Financial Services, No. 1:15-cv-05944 (S.D. N.Y. July 20, 2018). Plaintiff Nasser Saber, who is Muslim, had