Wynn Las Vegas Appeals $321K Jury Award in FMLA Case
Wynn Las Vegas is attempting to reduce the $321,200 compensation that a jury awarded to a former cocktail server at the casino. The compensation, granted last month, was intended to cover punitive and liquidated damages, lost wages, and emotional distress resulting from alleged violations of the Family and Medical Leave Act (FMLA).
LISTEN TO THIS ARTICLE:Tiare Ramirez, who was employed by Wynn Las Vegas from November 2008 to November 2017, was dismissed for what the company claimed were violations of its FMLA policies. In response, Ramirez filed a lawsuit in 2019, alleging Wynn Las Vegas had violated her rights under the FMLA and the Americans with Disabilities Act (ADA).
In October, a U.S. District Court jury ruled in Ramirez’s favor and awarded her the money. However, Wynn Las Vegas is now taking steps to challenge the ruling.
Wynn Seeks Sanctions аgainst Plaintiff’s Attorneys
According to the Las Vegas Review-Journal, Wynn Las Vegas filed a motion with the U.S. District Court in Nevada earlier this week. The company named as defendants the attorneys who represented Ramirez in the trial, Christian Gabroy and Kaine Messer, claiming that they failed to adequately explain how the jury’s award for lost benefits was calculated.
The motion asserts that the attorneys’ alleged misrepresentations misled the jury.
After five days of trial and a slew of misrepresentations by plaintiff’s counsel, it is clear that the jury got both the math and the law wrong here.
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Proposed Reduction to $10,927
Wynn Las Vegas further argued that the jury’s calculation of damages far exceeded what Ramirez was legally entitled to under the FMLA.
With its motion, Wynn Las Vegas is seeking to reduce the award from $321,200 to just $10,927.77. The company claims that allowing the current compensation to stand would represent a “manifest injustice.”
At this stage, it is unclear whether the court will grant Wynn’s request for a reduced penalty or uphold the original decision.
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