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Report Link Two Recent Cases Underscore that Stray Remarks of Discrimination Can Lead to Huge Jury Verdicts.Phelps Dunbar LLP - January 11, 2008 Two recent Fifth Circuit cases make clear that stray remarks of a supervisor and/or corporate officer can lead to exorbitant jury verdicts in favor of employees alleging discrimination. In Arismendez v. Nightingale Home Healthcare Inc., 493 F.3d 602 (5th Cir. 2007) the Fifth Circuit reversed a district court's judgment notwithstanding the verdict in favor of the employer on appeal. Although the jury had awarded a female plaintiff alleging pregnancy discrimination back pay, compensatory damages and a million dollars in punitive damages, the district court granted the employer's motion for judgment of a matter of law, finding insufficient evidence to sustain the jury verdict. Report Link Stray Remarks Do Not Result In Liability [PDF File, p.2].Clifton Budd & DeMaria, LLP - April 30, 2003 In Carter v. Newman Memorial County Hospital, a federal court of appeals addressed two related issues regarding stray remarks. Report Link When a Senior Company Executive Speaks, Everybody Listens . . . (Even the Judge!).Pepe & Hazard LLP - June 06, 2001 Discusses Slattery v. Swiss Re America Co., Docket No. 00-7787 (2d Cir. May 3, 2001), in which the court held that a statement from a top executive in the corporate hierarchy can be enough to establish an initial claim of discrimination — that is to raise an inference of discrimination sufficient to shift the burden of explanation onto the [employer].
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ArticlesFound: 3 ArticlesNO SUBTOPICSEmployment Law Seminars
Workplace Harassment Seminar
Indianapolis
October 16, 2008 Indiana Chamber of CommerceFlorida Employment Law UpdateTampa
October 16, 2008 OgletreeTEXAS EMPLOYMENT LAW BREAKFAST BRIEFINGHouston
October 16, 2008 Phelps DunbarLabor & Employment Law Update: What Trends Do You Need to WatchChicago
October 16, 2008 Ford & HarrisonHRMAC Employee Relations Interest GroupChicago
October 16, 2008 Vedder PriceEmployment Law Developments in TennesseeMemphis
October 17, 2008 OgletreeOhio Employment Law BriefingRocky River
October 17, 2008 OgletreeExecutive Briefing: Organized Labor in the 21st Century – The Phoenix Rising from the AshesOak Brook
October 17, 2008 Vedder PriceChallenges & Opportunities for EmployersBirmingham
October 17, 2008 ConstangyThe 2008 Midwest EmployerMinneapolis
October 21, 2008 Littler |
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