KW Economics prepares economic damages analyses for employment discrimination cases venued in Massachusetts: the components the loss claim consists of, the records that drive them, and a present value built to Massachusetts's damages rules and venues. Plaintiff and defense.
An employment discrimination economic claim measures the gap between the compensation the employee would have received absent the adverse action and the compensation actually received, as back pay, front pay, and lost benefits net of mitigation. Read the full employment discrimination analysis guide.
Massachusetts courts ask whether the reasoning and methodology behind an expert opinion are reliable, which can be shown either by general acceptance in the profession or by the reliability factors the federal courts use, and whether the witness is qualified by training and experience. Forensic economic methods satisfy that inquiry through their published literature, so the examination usually turns on the inputs and their support in the record.
Highest court: Supreme Judicial Court. Federal venues: D. Mass. Court system: mass.gov.
Massachusetts reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest runs on a tort award from the commencement of the action and on a contract claim from the date of the breach or demand, so the interval between the loss and the judgment is part of every economic figure. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates past from future amounts so the interest computation can follow.
The same four steps apply to an employment discrimination case venued in Massachusetts; the damages framework above decides which components enter the total.
Employment Discrimination cases venued in Massachusetts are heard in the Superior Court (General jurisdiction; larger civil cases, major criminal cases). Final appeals run to the Supreme Judicial Court. Matters within federal jurisdiction proceed in the United States District Court for the District of Massachusetts.
Massachusetts reduces a negligence-based award by the plaintiff's share of fault and bars recovery once that share exceeds the combined fault of the defendants. Prejudgment interest runs on a tort award from the commencement of the action and on a contract claim from the date of the breach or demand, so the interval between the loss and the judgment is part of every economic figure. Economic damages are not subject to a general statutory limit outside specific statutory claims, and the report separates past from future amounts so the interest computation can follow. Massachusetts courts ask whether the reasoning and methodology behind an expert opinion are reliable, which can be shown either by general acceptance in the profession or by the reliability factors the federal courts use, and whether the witness is qualified by training and experience. Forensic economic methods satisfy that inquiry through their published literature, so the examination usually turns on the inputs and their support in the record.
Request a consultation on employment discrimination cases in Massachusetts or call (201) 343-0700. Plaintiff and defense counsel.