Abner Morgan Jr. v. National Railroad Passenger Corp.
Published: Sep. 28, 2004 | Result Date: May 27, 2004 | Filing Date: Jan. 1, 1900 |Case number: C9603585SI Verdict – $500,000
Judge
Court
USDC Northern
Attorneys
Plaintiff
Defendant
Patrick C. Mullin
(Jackson Lewis LLP)
Experts
Plaintiff
Richard A. Palfin
(technical)
Paul S.D. Berg
(technical)
Defendant
John DuPre
(technical)
Facts
In August 1990, Abner Morgan Jr. was hired by the National Railroad Passenger Corp. (Amtrak). Morgan, a black electrician, worked in Amtrak's Oakland maintenance yard.
Settlement Discussions
Morgan demanded $1.85 million, including attorney fees. Amtrak made no offer.
Damages
Morgan sought damages for past and future loss of earnings, and emotional distress.
Other Information
At one point of the litigation, the case made its way to the U.S. Supreme Court on Amtrak's appeal. The court held that a plaintiff invoking Title VII of the Civil Rights Act of 1964 for claims of discrete discriminatory or retaliatory acts must file a charge with the EEOC within either 180 or 300 days of the date of the acts or lose the ability to recover. A charge alleging a hostile work environment, however, is timely so long as all acts constituting the claim are part of the same unlawful employment practice and at least one act falls within the limitations period. Moreover, a court may apply equitable doctrines to toll or limit the time period.
Deliberation
three days
Length
five weeks
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