Trials & Litigation

Both sides proclaim victory in jury's $140K award to ex law firm associate, but say they may appeal

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Both sides proclaimed victory following a a federal jury’s award Thursday of $140,000 to a former associate of Faruqi & Faruqi, but say they may appeal aspects of the verdict won by Alexandra Marchuk in her sexual harassment case against the law firm and one of its partners.

Attorney Scott Bursor, who represented the New York law firm and partner Juan Monteverde, called the case “a fantastic outcome,” saying that the lack of any damages award for emotional distress shows the jury did not believe the plaintiff’s claims that she was raped after a holiday party and suffered from a post-traumatic stress disorder, reports Above the Law.

“The jury simply did not believe Ms. Marchuk’s story about what happened in that office at 3 a.m.,” Bursor told ATL. “The finding of no liability under federal or state law and the zero-dollar emotional damages confirm that. The jury did give her a token award under New York City law, but we’re going to look at that and see if it will stand up.”

The $140,000 includes $90,000 in front and back pay and another $50,000 in punitive damages under New York City’s employment discrimination law. However, the jury, in addition to awarding no damages for emotional distress, awarded no damages under federal and state employment discrimination law, reports the New York Law Journal (sub. req.).

The ATL article does not include any comment from Marchuk, who sued for $2 million, or her counsel. Marchuk’s attorney, Harry Lipman of Rottenberg Lipman Rich, told the New York Law Journal that she is happy to have won the case but would have been happier if the award had been more substantial.

“We certainly have grounds to appeal,” he said.

Related coverage:

ABAJournal.com: “Sued by ex-associate, partner and law firm file $15M counterclaim, call her ‘obsessed’”

ABAJournal.com: “Law firm ripped up bloody carpet to hide sex assault by partner, ex-associate alleges at bias trial”

JD Supra: “At Faruqi Sex Harassment Trial: It’s Up To The Jury Now”

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