Significant Trial Outcomes For The Firm
Lead counsel in Kennedy v. Life Care Centers of America, Inc., Civil Action No. 21-CV-0706-PAB-STV, U.S. District Court District of Colorado. On February 15 my client received a jury verdict of $2,400 in emotional distress and $2,400 in punitive damages after a three day trial. She was denied a reasonable accommodation when she failed a urinalysis test and temporarily lost her license to practice as a nurse. The employer, a long term care facility, denied her request for leave or a transfer to an open position in violation of the ADA and Rehab Act, and then terminated her employment.
Warner v. Aurora Public Schools, Civil Action No. 1:14-CV-02359-RPM-MEH, (U.S. District Court for the District of Colorado), ADA/Rehab Act claim for termination in which jury awarded $25,000 in emotional distress damages.
Mayo v. City of York, et al., Civil Action No. 04-2272, (U.S. District Court, Middle District of PA), Fourth Amendment police misconduct case in which plaintiff was awarded summary judgment on improper search and seizure claims against two officers, settled before damages trial for $137,500
Ridley v. Costco Wholesale Corp., Civil Action No. 04-3860, Title VII, 42 U.S.C. § 1981 retaliation case (U.S. District Court, Eastern District of PA) in which jury awarded $200,000 in emotional distress damages, affirmed at 217 Fed. Appx. 130, 2007 U.S. App. LEXIS 2493
Carter v. Bankers Insurance Group, Civil Action No. 96‑1198‑CIV‑T‑23B, (U.S. District Court, Middle District of FL) in which jury awarded $859,000 in a “regarded as” case under the ADA and Florida law where plaintiff was denied a job due to erroneous belief that she was an illegal drug user, including an award of $600,000 in punitive damages
Scott v. Tidelands,Civil Action No. CV-96-32, a case for retaliation under the ADA (U.S. District Court, Southern District of GA) in which a jury awarded $40,000 in compensatory damages
Hill v. Chatham County et al., Civil Action No. CV90-01437, (Chatham County State Court – GA) as lead defense counsel obtained defense verdict in case where plaintiff sued deputy sheriff for use of excessive force during incident in which the plaintiff was shot in the back during an arrest.
Trial co-counsel in Murray v. County of Montgomery, Civil Action No. 11-0107, (U.S. District Court, Eastern District of PA), jury verdict of $750,000 for emotional distress in retaliation case under Title VII
Trial co-counsel in Faul v. Potter, Civil Action No. 06-1169-TGM, (U.S. District Court, Northern District of N.Y.) where a jury awarded $25,000 in emotional distress damages for retaliation under Title VII
Trial co-counsel in Lynne v. Worcester Township and Charles Sardo, Civil Action No. 06-1136, (U.S. District Court, Eastern District of PA) jury verdict in sexual harassment case for $110,085; (case thereafter settled for $599,000)
Trial co-counsel in EEOC & Marion Shaub v. Federal Express, Civil Action No. 02-1194, a gender harassment case (U.S. District Court, Middle District of PA) in which a jury awarded $3.4 million, including $2.5 million in punitive damages
Trial co-counsel in Talbot-Lima v. Federal Express, Civil Action No. 01-547, a retaliation case under Title VII (U.S. District Court, Eastern District of PA) in which a jury awarded $2.3 million, including $2 million in punitive damages
Trial co-counsel in Taylor v. USF-Red Star Express, Inc., Civil Action No. 03-2216, a case under the “regarded as” definition of the ADA (U.S. District Court, Eastern District of PA), in which the jury awarded $158,000 in damages
Lead counsel in Cruz v. Farmers Insurance Exchange, et al., Civil Action No. 19-CV-02337-MEH, U.S. District Court District of Colorado, successful appeal of a summary judgment ruling in a race discrimination case under 42 U.S.C. § 1981; 42 F.4th 1205 (10th Cir. 2022). (statement by District Manager that the company “didn’t want a crazy brown man running around the office with a gun” as the reason plaintiff’s insurance agency agreement was revoked constituted direct evidence of racial discrimination and should not have been discounted as hearsay).
Breda v. Wolf Camera, Inc., 222 F.3d 886 (11th Cir. 2000)(court held that a complaint of harassment made to someone identified in the company’s sexual harassment policy places the employer on notice of the harassment)
Blair v. Scott Specialty Gases, 283 F.3d 595 (3d Cir. 2002)(court held that order dismissing the case without prejudice and sending the parties to arbitration is a final appealable order)
Author of amicus curiae brief on behalf of NELA in White v. Burlington Northern & Santa Fe Railway Co., 364 F.3d 789 (6th Cir. 2004)(en banc), affd., 548 U.S. 53 (2006)(holding that Title VII’s coverage for acts of retaliation includes employer’s actions that could dissuade a reasonable person from making or supporting a charge of discrimination).
*The results shown here are not to be considered representative of, or a promise about, the value of your particular case. Your result may vary, as all legal cases face different factual and legal hurdles for success.
While the “wins” above show that I can connect with a jury, this isn’t my complete record as a trial lawyer. In fairness to you as a potential client, and as a matter of full disclosure, I have lost a number of cases at trial – seven in fact. I have also had several cases dismissed by U.S. District Judges at the summary judgment process. What the above reflects is that different people can see things in different ways. Today discrimination and retaliation are rarely set forth in explicit terms by the perpetrators. Employers have become sophisticated and have trained their employees not to use racial or sexist epithets in the workplace. The law on these matters is nuanced and rarely dictates a specific outcome for the individual. What you can take from my trial record is that I know my way around a courtroom and feel comfortable there. There are a number of employers who will insist on taking the case to trial. (After trying to get it dismissed). Therefore, if you are searching for counsel to represent you, two of the questions you should ask the lawyer are: How many cases of yours have gone to trial? and do you feel comfortable in the courtroom?