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Harris v. Niagara Mohawk Power Corporation

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Argued: April 5, 2001

Plaintiff appeals and defendant cross-appeals from a judgment entered on December 21, 1999 in the United States District Court for the Northern District of New York (Scullin, J.), granting in part and denying in part defendant’s post-trial motion for judgment as a matter of law on plaintiff’s claims of retaliatory termination and failure to promote. Because the jury’s findings with regard to two of plaintiff’s claims are irreconcilably contradictory, we vacate the judgment as it relates to those claims, and remand for a new trial. We also vacate that portion of the judgment setting forth damages, in order to allow the district court to reconsider the award following the new trial. The district court’s decision and order is affirmed in all other respects.

Plaintiff-Appellant-Cross-Appellee, Roger L. Harris (“plaintiff” or “Harris”), appeals from a judgment entered on December 21, 1999 in the United States District Court for the Northern District of New York (Scullin, J.) granting in part and denying in part a post-trial motion by defendant Niagara Mohawk Power Corporation (“Niagara”) for judgment as a matter of law on his claims that Niagara’s decisions to transfer him between departments and to terminate his employment were made in retaliation for his prior discrimination complaints. Niagara cross-appeals. Faced with a special verdict form containing contradictory findings with regard to two claims that were based on common facts, the district court chose to credit the jury’s finding as to one claim and to vacate its finding on the other. Because we are unable to reconcile the two findings, we vacate the judgment and remand for a new trial as to those claims.

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