KW Economics prepares economic damages analyses for employment discrimination cases venued in New York: the components the loss claim consists of, the records that drive them, and a present value built to New York'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.
New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.
Highest court: Court of Appeals. Federal venues: S.D.N.Y., E.D.N.Y., N.D.N.Y., W.D.N.Y. Court system: iapps.courts.state.ny.us.
New York applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a contract claim from the earliest date the damages were incurred and in a wrongful death action from the date of death, while a personal injury award carries interest only from the verdict. Economic damages are not subject to a general statutory limit, and larger future damage awards are converted to structured payments by the court, so the report presents the future stream year by year as well as in present value.
The same four steps apply to an employment discrimination case venued in New York; the damages framework above decides which components enter the total.
Employment Discrimination cases venued in New York are heard in the Supreme Court (General jurisdiction trial court for major civil cases and felonies; one in each county), the County Court (Outside New York City; felonies and mid-sized civil cases), and the Court of Claims (Claims against New York State). Final appeals run to the Court of Appeals. Matters within federal jurisdiction proceed in the United States District Courts for the Southern District of New York, Eastern District of New York, Northern District of New York, and Western District of New York.
New York applies pure comparative fault in a negligence-based claim, reducing the award in proportion to the plaintiff's share. Interest before judgment runs as of right on a contract claim from the earliest date the damages were incurred and in a wrongful death action from the date of death, while a personal injury award carries interest only from the verdict. Economic damages are not subject to a general statutory limit, and larger future damage awards are converted to structured payments by the court, so the report presents the future stream year by year as well as in present value. New York courts ask whether the methodology behind an expert opinion is generally accepted in the relevant professional community and, separately, whether the economist applied it reliably to the facts of the case; qualification rests on training and experience. Forensic economic methods for lost earnings, household services, and present value are published and long used, so the examination of a damages report usually turns on its inputs and their support in the record.
Request a consultation on employment discrimination cases in New York or call (201) 343-0700. Plaintiff and defense counsel.