11th Circuit Criticizes Employer and Its Lawyer in N-Word Case

According to the ABA Journal, the Eleventh Circuit Court of Appeals has upheld a $1 Million bias judgment on behalf of three black or bi-racial workers at Alabama State University.  Those employees asserted they were subjected to a hostile work environment and retaliation, including being called the N-word by an African American superior.

Of particular interest to attorneys was the 11th Circuit’s unusually harsh words for Alabama State University’s lawyers.  According to the ABA Journal, in the Opinion, the Appeals Court stated, “We are troubled by ASU’s attorneys’ inability to adhere to court procedures and deadlines…Timeliness is imperative in the practice of law, and attorneys should not expect sympathy from this Court due to their own carelessness.”  This criticism stemmed in part from untimely filings of key motions and mistakes which compromised ASU’s appeal, the Court noting, “In short, ASU missed all applicable deadlines for filing a notice of appeal…accordingly, we do not have jurisdiction to decide (certain) issues.”

This Opinion is a reminder of how important it is for counsel to know the rules and procedures required by the court in which he or she is practicing, and to meet all deadlines.  The downside of not complying with such rules is the loss of reputation and, worse, the compromising of the clients’ case.

For more information on professional liability matters, contact Attorney Simon Brown at 603.410.1500 or a member of PretiFlaherty's Professional Liability Practice Group.