Thomas L. Kerstien v. The McGraw-Hill Companies, Inc.
Published: Mar. 27, 1999 | Result Date: Oct. 23, 1998 | Filing Date: Jan. 1, 1900 |Case number: 96Z1087 Verdict – $0
Judge
Court
USDC Colorado
Attorneys
Plaintiff
Defendant
Experts
Plaintiff
William A. Kaempfer
(technical)
Defendant
Jory Laine
(technical)
John Landon
(technical)
Facts
Plaintiff Thomas Kerstein, a 48-year-old director of US Sales for Standard and Poors Compustat, a division of defendant, The McGraw-Hill Companies, Inc., was terminated from his employment in August 1995. The defendant terminated the plaintiff's employment for insubordination after he took an unauthorized business trip while on final warning by the company. The plaintiff was placed on final warning the previous week after he mistakenly sent a voice mail message which was highly critical of company management, which was intended to be sent to a subordinate, to one of his supervisors. The plaintiff brought this action against the defendant based on age discrimination.
Settlement Discussions
The plaintiff made a settlement demand of $1.2 million. The defendant made no offer.
Specials in Evidence
$574,000 (back pay) $377,000 (upfront pay)
Damages
The plaintiff claimed lost earnings and lost future earnings totaling $951,000.
Other Information
The verdict was reached approximately two years and 11 months after the case was filed. The plaintiff has filed a notice of appeal.
Deliberation
one hour
Poll
7-0
Length
nine days
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390