Legal Opinion

Rivera v. Baccarat, Inc.

District Court, S.D. New York

Decided June 18, 1998No. 95CIV.9478 (MBM)(JCP)PublishedCited by 15 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

FRANCIS, United States Magistrate Judge.

Where an attorney’s misconduct at trial does not affect the fundamental fairness of the proceedings, the verdict must stand. Where the jury’s findings are based on its determination of credibility, the court cannot overturn the verdict, however much it disagrees with the jury’s assessment of the witnesses. Both of these principles are central to the determination of posttrial motions in this ease.

The plaintiff, Irma Rivera, alleged that she was terminated by her employer, Baccarat, Inc. (“Baccarat”), because of her age and national…

2Cases cited49 opinions

  1. BMW of North America, Inc. v. GoreSupreme Court of the United States · 1996
  2. Marilyn GALDIERI-AMBROSINI, Plaintiff-Appellant, v. NATIONAL REALTY & DEVELOPMENT CORP., Defendant-AppelleeCourt of Appeals for the Second Circuit · 1998
  3. Thoreson v. Penthouse International, Ltd.New York Court of Appeals · 1992
  4. Karen SORLUCCO, Plaintiff-Appellant, v. NEW YORK CITY POLICE DEPARTMENT, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1992
  5. Cruz v. Local Union No. 3 of International Brotherhood of Electrical WorkersCourt of Appeals for the Second Circuit · 1994

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3Cited by15 opinions

  1. Greenbaum v. HandelsbankenDistrict Court, S.D. New York · 1999
  2. Tse v. UBS Financial Services, Inc.District Court, S.D. New York · 2008
  3. Thomas v. iStar Financial, Inc.District Court, S.D. New York · 2007
  4. Fink v. City of New YorkDistrict Court, E.D. New York · 2001
  5. Duarte v. St. Barnabas HospitalDistrict Court, S.D. New York · 2017

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