Economic damages should return a plaintiff to the position they would have been in “but for” the underlying improper act[s] by the defendant. They should not provide a windfall to plaintiff. In a similar vein, whether such damages are taxable is generally related to how the proceeds would have been treated if obtained in the …
Category: Failure to promote
Permanent link to this article: https://betweenthenumbers.net/2019/01/when-litigation-proceeds-are-taxable/
Sep 17
Valuing Higher Education in Lost Income Claims
A typical lost earnings analysis endeavors to value the personal income that was lost due to injury or loss of employment opportunities. This is more challenging when income is not yet established, e.g. when the injured Plaintiff has yet to enter the workforce or there is evidence that the Plaintiff would have otherwise altered their …
Permanent link to this article: https://betweenthenumbers.net/2018/09/valuing-higher-education-in-lost-income-claims/
Mar 31
VC Firm Wins Gender Based Failure to Promote / Wrongful Termination Case
Last week a half male/half female jury determined that Kleiner Perkins Caufield & Byers (“Kleiner Perkins”), one of the country’s most prominent venture capital (“VC”) firms, did not discriminate against junior partner Ellen Pao (“Pao”). Pao was seeking $16 million in economic damages in addition to punitive damages to compensate for the alleged inequitable promotion …
Permanent link to this article: https://betweenthenumbers.net/2015/03/vc-firm-wins-gender-based-failure-to-promote-wrongful-termination-case/
Nov 12
Statistical Sophistication Would Have Provided a Different Liability Answer
Economists and other financial experts are often hired to assess damages, assuming liability. However liability can sometimes be established or disproven based on statistics. For example, in a recently affirmed case involving employment discrimination, the application of a simple method failed to provide the Court with information that would likely have changed their decision. The …
Permanent link to this article: https://betweenthenumbers.net/2013/11/statistical-sophistication-would-have-provided-a-different-liability-answer/