Employee Verdicts on the Rise

Posted on November 28, 2009 by Robert Ottinger

Last year, the Wall Street Journal ran an article touting the dismal odds faced by employees in court.   The article said that employees lose 85% of their cases in federal court.   Those were dark days.

But according to a new study just published by Jury Verdict Research, the times are changing.  If you want to get your own copy of the report, you can get it here.  Here are some the changes noted.

1.  Employees win 61% of the time.

2.  Age discrimination cases have the highest win rate and the highest verdicts.

3.  Employees should avoid federal court due to lower win rates and lower verdicts.

4.  The median employment discrimination verdicts rose and average settlements rose 20%.

These statistics indicate that a real change is taking place in favor of employees. 

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Judge Sotomayor

Posted on August 2, 2009 by Robert Ottinger

I know Judge Sotomayor and I can say without any reservation that she will be an excellent addition to the U.S. Supreme Court.  Back when I was an Assistant Attorney General in New York City, I tried an employment discrimination case before Judge Sotomayor in the Southern District of New York.  I represented the defendant, the New York State Prison system.   The accusations against the State were serious.  But Judge Sotomayor was fair to both sides.  There were many motions that she ruled on along the way and she came to the right decisions.  She followed the law.  She is brilliant and tough.  She brings the best of the lawyers who appear before her because she makes it known that she expects the lawyers to do their job well.

I liked her so much that after the trial, I asked her to give a talk at the Attorney General's Office on trial practice.  She agreed and gave a great talk.  Even back then when she was a trial judge, I remember thinking that she was one of those judges who just might make it to the U.S. Supreme Court.   This country needs more people like her.  She is a rare find and I am glad that she will be on the Court soon.
 

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