Baker & McKenzie Makes Sure Its Client Has Only ‘Boom’ on the Market
A recent ruling by the U.S. Supreme Court overturned a ruling limiting the amount workers wronged on the job receive in “front pay.”
In an 8-0 vote, the U.S. Supreme Court ruled front pay is not an element of compensatory damages within the meaning of Title VII. Therefore, it is not subject to the damages cap imposed under the Civil Rights Act of 1964.
According to Chris Hoffman, an attorney in the San Diego office of Fisher & Phillips LLP, “Front pay awards can add to an employer’s exposure in an employment lawsuit and discourage an employee from finding new employment.
“This ruling just underscores the importance of employers having a strictly and consistently enforced policy against harassment and discrimination.”
An example of the cap being imposed was seen in the case of Pollard vs. DuPont. Sharon Pollard sued the company, alleging that she had been discriminated against based upon her sex in violation of Title VII of the Act. Pollard’s award of $300,000 in compensatory damages was limited because of Title VII’s statutory cap.
Pollard sued to overturn the $300,000 cap that was applied to her case, estimating that she would have earned $800,000 in wages and benefits had she been able to continue working at the chemical plant.
In the recent ruling, the Supreme Court ruled that front pay is not an element of compensatory damages within the meaning of Title VII, and not subject to the damages cap. The court held that workers wronged on the job cannot be limited to $300,000 in front pay damages , money they presumably would have earned had the employer acted correctly.
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Making Noise:
The local law firm of Baker & McKenzie was successful in making sure its client was the only “Boom” on the market.
The firm’s client Boom Club, Inc., a New York-based fashion apparel company, won a $1,258,000 judgment against Boo.Com Group Ltd., an Internet-based retailer based in London.
Boom Club is the owner of the “Boom” and “Boom Club” brands. The case involved trademark infringement by Boo.Com Group for sales made in an Internet retailing operation. According to the case, Boo.Com used the “Boom” and the “Cluboo” brands without authorization from Boom Club. The court ruling found it infringed the “Boom” and “Boom Club” trademarks.
Boo.Com Group was ordered to pay about $1.2 million in damages.
Boom Club’s products appear in retailers such as Lane Bryant, JCPenney, Mervyns, Cato and on the Internet.
New Business:
Erik Basil, a 1993 graduate of the University of San Diego School of Law, recently opened his own firm.
The Basil Law Firm in Downtown opened April 1 and will specialize in condominium law. Basil most recently worked as managing partner of the San Diego office of Guralnick & Gilliland before branching out on his own. Basil graduated from UCSD with a political science degree in 1988. He has more than 12 years of experience in the condominium law field, with seven specializing in corporate counsel work for communities throughout Southern California.
He is the president of the San Diego Chapter of the Community Association Institute, a national nonprofit organization for the condominium industry.
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On The Job:
Michael A. Swit recently joined the San Diego office of Heller Ehrman White & McAuliffe LLP as special counsel in the firm’s Food and Drug Administration Group. Karen Babyak Dow recently joined the San Diego office of Morrison & Foerster as partner.
The deadline for the next Law Column is Thursday, June 28. Send related items to dward@sdbj.com.
