The Witness Box

Commenting on expert evidence, economic damages, and interesting developments in injury, wrongful death, business torts, discrimination, and wage and hour lawsuits

Tuesday, May 18, 2004

'But for' economic damages in discrimination cases

As economic expert witness, we are asked to provide opinons on the value of lost retirement benefits in discrimination cases. Most times the damage calculations involve the loss of retirement benefits for an indiviudal who is alleging wrongful employment terminated.

The case below (FRANCIS v. RODMAN LOCAL UNION 201 PENSION FUND) is interesting because it deals with damages that arise from a person who believes that they were denied the opportunity to work. As a consequence, the plaintiff in the case believes that the lost hours should be reflected in the calculation of his pension.

Summary and link below:


FRANCIS v. RODMAN LOCAL UNION 201 PENSION FUND (05/14/04 - No. 03-7063) Plaintiff is not entitled to recover ERISA pension benefits for the hours that he arguably would have worked but for the discrimination charged in prior litigation; the settlement amount that he received in that prior litigation was labeled "damages" and was not intended to generate additional pension benefits.


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