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This case highlights how convoluted and drawn-out employment discrimination cases can become. Each phase of litigation brought new challenges, including the assessment of damages and attorney fees, underscoring the intricacies involved in high stakes employment law.

Simers’ team initially sought substantial legal fees, which the court drastically reduced.

The ruling reinforced the principle that even successful plaintiffs in discrimination cases under FEHA are subject to reasonable scrutiny regarding attorney fees and costs. In this case, overlitigation and excessive billing practices were penalized, reducing the final award significantly.

FINAL RESULT

The jury’s final verdict of $1.25 million matched a settlement offer made before the third trial. This emphasizes the risks of pursuing protracted litigation when a reasonable settlement offer is on the table. In this case, Simers did not secure a more favorable judgment than the pre-trial offer, impacting his ability to recover post-offer legal fees.

But here’s the kicker: T.J. Simers died on June 2, 2024, at the age of 74 of glioblastoma, an aggressive form of brain cancer that took the lives of John McCain, Ted Kennedy, Beau Biden, Johnny Cochran, and, on a personal note, the husband of a close high school friend of mine.

How often do we hear or say, “life’s too short” or “carpe diem”?

MEDIATION WORKS

Whether you represent employers or employees, do your client a favor: Mediate the case early and work hard to get it resolved. In the end, everyone benefits.