Publications

Godfrey et al. v. Ethan Allen, Inc.
Wiggin & Dana recently won defense verdicts from a jury in White Plains, New York on behalf of its client Ethan Allen. The company had been sued in federal court for age discrimination by eight former employees who were terminated for various reasons during 1992.

This June, the claims of the two remaining plaintiffs came to trial, seeking over three million dollars in back and front pay, plus liquidated damages, attorney’s fees and emotional distress. Both plaintiffs were long-term employees of Ethan Allen who were terminated in their 50’s and claimed they were replaced by people in their 20’s. Each claimed that Ethan Allen’s stated reasons for termination were a pretext to cover up a pattern of dismissing older workers.

Steve Harris of the W&D Employment and Benefits Department led Ethan Allen’s defense during the two week trial, along with Litigation partner Bill Doyle. The defense team won several key evidentiary rulings along the way. Most importantly, however, the jury was convinced that Ethan Allen’s decisions were legitimate business decisions having nothing to do with age, resulting in a complete victory at trial.

Barry v. Posi-Seal.
Based on the efforts of W&D’s Appellate Practice Group, the Connecticut Appellate Court recently reversed a jury award of front pay and punitive damages in a case alleging that the plaintiff had been terminated in violation of an implied employment contract. The Court also upheld the trial court’s decision to set aside the jury’s verdicts on claims of emotional distress and misrepresentation, despite the extreme deference that is usually afforded jury verdicts. The case should stand as an important precedent to support attacks on verdicts rendered by runaway juries in employment cases.

W&D was retained to handle post-trial motions and the appeal after another firm unsuccessfully tried the case on behalf of Posi-Seal. Mark Kravitz, the W&D partner in charge of the Appellate Practice Group, argued the case before the trial and appellate courts. As a result of the Appellate Court’s Decision, the jury’s $416,365 verdict against the company was reduced to only $52,275, which was the uncontested amount of plaintiff’s backpay award.