Possible Setback for Bias Litigation, But Black Box Opened - Plaintiff Loses Jury Trial in "Kalmona Cardwell v Davis Polk, et al."

Defended by a team from Paul, Weiss, Davis Polk won "Kalmona Cardwell." 

This is the second time the plaintiff lost out completely in a bias jury trial. In 2015, it was the gender discrimination lawsuit "Ellen Pao v Kleiner Perkins." Overall, it is unusual that a bias lawsuit would get so far as the jury trial. Usually, as we know from the track record of Sanford Heisler, they are settled. 

Of course, the question is: Will these two defeats deter the filing of bias lawsuits? Obviously they are difficult to win. 

However, in the process, the plaintiff does get the satisfaction of having the defendants' internal operations come out of the closet. For example, "Cardwell" made public how partners communicate or don't communicate with associates and what about the expectation that young lawyers' body language shouldn't  be too relaxed. In "Pao," the defendants had to explain how their own venture capital game worked and what happened when you weren't winning. Incidentally, on the stand, members of Kleiner Perkins seemed to sweat. If both sides hadn't decided to end "Tolton, et al. v Jones Day," that infamous black box could have been forced open. 

In my coaching I warn irate former and current employees against employment-law litigation. It's a wild card and it can eat up years of one's life. In addition, being involved in such a lawsuit can darken professional prospects. Pao's career never really bounced back. Time will tell how this entire story affects Cardwell's professional future. Here is his LinkedIn profile. 

2024. You can transform the craziness of this time into unique opportunity. Jane Genova provides you with intuitive career coaching, Tarot readings and related communications. Complimentary confidential consultation. No selling. No pressure.  (For appointments text/phone 203-468-8570 or email janegenova374@gmail.com)


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