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Article Excerpt
A unanimous Third Circuit has held that trial judges can increase a winning plaintiff's award to account for the increased taxes he or she would have to pay on a lump-sum back pay award. With this decision, the Third Circuit joined the Tenth and rejected the reasoning of the D.C. Circuit, which ruled in 1994 that winning plaintiffs are never entitled to such an award. (Eshelman v. Agere Sys., Inc., 2009 WL 223858 (3d Cir. Jan. 30, 2009).)
"It is my view that whenever a plaintiff lawyer brings a claim for damages that could result in a taxable recovery, whether it be a discrimination, contract, tort, or other statutory claim, the issue of negative tax impact should be considered and addressed in order to foster the goal of receiving full...
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