$15M Verdict Vacated Over Undisclosed Audio Recording
A former Newark schoolteacher sued the Newark Public Schools for disability discrimination and, after a two month trial, won $12 million in compensatory damages plus $3 million in punitive damages. Now she will have to retry the case because her attorney failed to turn over an audio recording to the defendant.
How did the defendant find out about the undisclosed recording? Under New Jersey law, a prevailing plaintiff in a disability discrimination lawsuit may recover her legal fees and costs. In a post-trial application, plaintiff's attorney submitted his billing records. According to the court, one entry by a paralegal read, “‘Prepare and send letter to T. Goldberg enclosing recorder to enhance voices.’”
So often it is the little things you need to be most careful about.
