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Judges may apportion award to minimize effect of damages cap, Third Circuit rules.

Publication: Trial
Publication Date: 01-FEB-03
Format: Online - approximately 786 words
Delivery: Immediate Online Access

Article Excerpt
Federal judges presiding in employment discrimination cases may apportion a jury award in a way that blunts the effect of a federal damages cap and maximizes the plaintiff's recovery, the Third Circuit Court of Appeals has ruled. In doing so, the circuit took a significant step toward making that opinion the majority rule among the federal appeals courts.

In Gagliardo v. Connaught Laboratories, Inc., the three-judge panel echoed the reasoning of two of its sister circuits and of the lower court. The panel ruled unanimously that in a case involving separate federal and state employment discrimination claims, [section] 1981(a) of the Civil Rights Act of 1991 "does not prevent a claimant from recovering greater damages under a...

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