A plaintiff in a sexual harassment case can be denied any recovery for “losses which are shown to have resulted from the plaintiff’s failure to use reasonable efforts to avoid or prevent harm,” the U.S. Court of Appeals for the Seventh Circuit held Dec. 14 (Savino v. C.P. Hall Co., 7th Cir., No. 98-4257, 12/14/99).
The court, in an opinion written by Judge Daniel A. Manion, affirmed the validity of a jury instruction that said, in part, that if the jury found that a defendant in a sexual harassment case had established an affirmative defense by a preponderance of the evidence, “you may eliminate the defendant’s liability or, alternatively, reduce the plaintiff’s damages from the date you find the affirmative defense was established by the defendant.”
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
