Following a seven-day jury trial in federal court in Cincinnati, Ohio, Theresa Gallion of the Tampa office and the Chicago office team obtained a complete defense verdict in an age discrimination case against a national hotel chain. The plaintiff was a former hotel manager laid off as part of our client's post-September 11 reductions in force, who claimed she was selected for layoff on account of her age and/or gender. The victory was especially significant because the case was tried in a venue that had been hard-hit by layoffs. The plaintiff had demanded $2 million to settle the case, and seven other laid off managers from the same division also filed similar claims, each demanding seven-figure settlements.
In this same case argued by Joel Rice of the Chicago office, the U.S. Court of Appeals for the Sixth Circuit affirmed the decision of the federal district court. The Sixth Circuit agreed with the district court’s determination that the sales manager had failed to establish a prima facie case of discriminatory failure to promote. The Court also concluded that the judge in the lower court had not committed an abuse of discretion in connection with certain evidentiary rulings made during the course of a one-week jury trial on the manager’s claim of discriminatory termination. Accordingly the verdict, which was a complete victory for the defense, was affirmed.