When it comes to legal battles, the stakes are high. You wouldn’t want to walk into a courtroom without the right team by your side – especially a team that knows how to navigate the unpredictable twists and turns of a trial. Hiring a law firm with solid trial experience isn’t just about peace of mind; it’s about ensuring that every detail, every piece of evidence, and every argument is handled with the precision and expertise that only comes from years of courtroom practice.
Without a seasoned trial lawyer, you risk overlooking critical elements that could make or break your case. The courtroom is no place for learning on the job. If your attorney hasn’t been tested in the fire of trial, you could find yourself in a situation where crucial evidence isn’t presented, key arguments are missed, or, worst of all, a favorable jury verdict is overturned because of a preventable mistake.
The difference between winning and losing often comes down to experience. One mistake at the wrong moment is enough to take a clear victory away. This is why it is of critical importance to find out if the law firm that you hire to sue your employer for employment discrimination, wrongful termination, or sexual harassment has ever, you know, tried a case before.
This brings us to the sad story of Sandra Curet. In Curet v. Ulta Salon, Cosmetics & Fragrance, Inc., Curet accused her employer of race discrimination by subjecting her to a racially hostile work environment. In Curet’s case, she alleged that her immediate supervisor, Zan Olivia, was responsible for a race-based hostile work environment based on discrimination and retaliation. Curet reported the racial harassment that she suffered from Olivia to her employer, Ulta Salon, on at least five separate occasions by using a company hotline. Ulta Salon investigated these complaints but ended up doing nothing to protect Curet from Olivia.
When Curet brought her case to court, one of Ulta Salon’s defenses was that Olivia did not know of Curet’s reports of discrimination and therefore could not have retaliated against her for them. Their evidence? Olivia said that she did not know, and we should take her word for it. Ulta Salon attempted to argue this point to get the case dismissed before the jury trial through what is called a motion for summary judgment. Curet’s attorneys defended her from this motion by introducing an email where two company employees refer to Olivia’s presence at a meeting where Curet’s reports of discrimination were discussed, thus showing that Olivia knew of the reports. The motion for Summary Judgment was thus defeated.
Following their victory in the motion for Summary Judgment, Curet and her attorneys made a mistake. The evidence that they submitted to defeat the motion was just an exhibit that went before the judge and the judge alone regarding that particular motion. They would have to reintroduce either the email or other evidence showing that Olivia knew of Curet’s reports of discrimination at trial. They failed to do so. They did not admit the email which showed the Olivia was at the meeting. Curet, in her testimony, forgot to mention that Olivia knew of the reports of discrimination. Therefore, the jury had no evidence before them that Olivia knew about Curet’s reports.
Thankfully, the jury still found in favor of Curet, awarding her $60,000. We do not know what the jury thought regarding Olivia’s knowledge of Curet’s reports. Most likely they just used their common sense to deduce that it is supremely improbable that Curet made multiple reports to Ulta Salon about Olivia’s actions and that Ulta Salon did not then inform Olivia of at least one of those reports – especially while investigating the complaint of race discrimination.
Can A Judge Overturn A Jury Verdict?
Unfortunately, yes. Common sense alone is not sufficient to win in court. While most people are at least aware that a verdict can be overturned on appeal, few people outside of the legal profession know that the trial judge can reverse a verdict before the appeal process even begins. The terms for the motion that sets aside the jury verdict vary from jurisdiction to jurisdiction, but they are typically either called a Motion for Judgment Not Withstanding the Verdict (“JNOV”) or a Motion for Renewed Judgment as a Matter of Law. The justification for this motion is that the jury made a mistake when it reached its verdict. Either the jury did not have enough evidence to reasonably reach the verdict that it did or that the jury reached a verdict that is contrary to the law. Rather talk about the law abstractly, it would be helpful to show a real-life case where someone’s employment discrimination verdict was overturned by the trial judge.
Ulta Salon submitted Motion for Renewed Judgment on the basis that there was no evidence introduced at trial from which the jury could reasonably conclude that Olivia knew of Curet’s reports. The judge, forced to only rely on what was introduced to the jury at trial, agreed with the company and overturned the jury verdict in favor of Ulta Salon.
Curet appealed to the United States Court of Appeals for the Eleventh Circuit. Curet’s attorneys fought hard for her on appeal, even attempting to use an ill-timed transcription error to put some ambiguity in the record. However, it was to no avail. The Eleventh Circuit agreed with the trial judge. It held that Curet failed to tell the jury about Olivia’s knowledge in her testimony and failed to introduce other evidence before a jury. This meant that the jury did not have enough evidence to reasonably conclude that Olivia knew about the report and could have thus retaliated for said reports. Therefore, due to Curet and her attorney’s failure to admit crucial evidence at trial, they lost their $60,000 verdict.
Best Employment Discrimination Lawyer Blogs on Point:
- There Are Bad Employment Attorneys Out There – Don’t Hire Them
- More Problems If You Hire A Bad Employment Lawyer
- It’s Critical To Hire Good Attorneys And Tell Them Everything
- Another Winning Verdict For A Spitz Client
- Spitz Lawyers Win $1.33 Million Verdict
How Do I Avoid Having a Trial Judge Overturn My Jury Verdict?
To put it simply, you need to call the right attorney. In Curet’s case, most of her problems could have been avoided with better counsel. Her attorneys should have introduced the email which showed that Olivia was at the meeting about the reports. Curet’s attorneys could have better prepared her to testify so that she knew that she had to say that Olivia knew of Curet’s reports.
Of course, Curet’s failure to testify as to the critical fact of Olivia’s knowledge might have been entirely her fault. The transcript of the trial implies that when asked the critical question of who knew about Curet’s reports, Curet initially did not mention Olivia. Curet’s attorney then asked the question again, hoping to get the correct answer out of Curet. Curet still did not mention Olivia. This underlines the importance of listening to your attorney in general, and listening to your attorney when it comes to what to do and say at trial in particular. When your attorney asks you to do something, it is because you must do that thing for your case to be successful. I was not in the room when Curet’s attorneys prepared her for testimony. It is possible that they did their due diligence and that Curet simply did not. But if both clients and attorneys do their jobs and do them well, a Motion for JNOV or Renewed Judgment should not be an issue.
Best Race Discrimination Attorney Blogs on Point:
- What Happens After The Jury Verdict?
- How Do You Win A Wrongful Termination Claim?
- What Is Direct Evidence of Employment Discrimination?
Disclaimer:
The information provided in this blog is for general informational purposes only and does not constitute legal advice. Every case is unique, and the outcome of any legal matter can vary based on the specific facts and circumstances involved. This blog discusses sensitive topics, including race, black, discrimination, harassment, and wrongful termination. While we strive to provide the best possible insights and information, we encourage you to consult with a qualified attorney or lawyer to discuss the best course of action for your situation.
No attorney-client relationship is formed by reading this blog, and the information contained herein should not be relied upon as the best course of action for your legal matter. If you are facing issues related to discrimination, harassment, wrongful termination, or any other legal concern, it is important to seek the advice of the best law firm or attorney available to ensure that your rights are protected and that you receive the best possible representation.