FEHA Retaliation

FEHA Retaliation

Daily Journal
Verdicts & Settlements
December 12, 2008

FEHA
Retaliation

VERDICT: Defense.

CASE/NUMBER: Thomas Mangano v. Verity Inc., Autonomy NA Holdings Inc., Autonomy Corp. plc, Autonomy Europe Holdings, Ltd./ 1-07-CV-079221

COURT/DATE: Santa Clara Superior / May 23, 2008

JUDGE: Hon. John F. Herlihy.

ATTORNEYS:
Plaintiff – Stephen R. Jaffe (Law Offices of Stephen R. Jaffe, San Francisco), Traci M. Hindan (Law Offices of Traci M. Hinden, San Francisco).

Defendant – Gregory L. Doll (Doll Amir & Eley, LLP, Los Angeles); Hunter Eley (Doll Amir & Eley, LLP, Los Angeles).

TECHNICAL EXPERTS:
Plaintiff – Phillip H. Allman, Ph.D., economics, San Francisco, Rayna Brown, damage mitigation, San Francisco.

Defendant – Ali I. Saad, Ph.D., labor economics, Beverly Hills.

FACTS: Plaintiff Thomas Mangano brought a lawsuit against Verity Inc., his former employer, for retaliation under California’s Fair Employment and Housing Act seeking damages in excess of $3 million. The retaliation lawsuit was based on a 2005 discrimination lawsuit Mangano had filed against Verity Inc. and his former supervisor.

In December 2006, the plaintiff was terminated as part of reorganization within the company. The plaintiff filed this retaliation lawsuit, alleging that his former 2005 discrimination lawsuit was the motivating factor in the decision to terminate his employment.

PLAINTIFF’S CONTENTIONS: The plaintiff contended that defendants retaliated against the plaintiff for filing and prosecuting his previous discrimination lawsuit.

DEFENDANTS’ CONTENTIONS: The defendants contended that the elimination of plaintiff’s position was part of a justified reduction in force, and that plaintiff’s role at the company was no longer necessary under Autonomy’s business model.

JURY TRIAL: Length, 10 days; Deliberation three hours.

RESULT: Defense verdict on all counts.

OTHER INFORMATION: The plaintiff moved for a new trial, which was denied on July 24, 2008.

On October 1, 2008, defendants were awarded costs in the amount of $77,329.25.
On August 26, 2008, plaintiff filed a notice of appeal, which is pending in the Sixth District Court of Appeal.