Thomas J. Kairys v. Southern Pines Trucking, Inc.

Pittsburgh, Pennsylvania Americans With Disabilities Act violation civil rights lawyers represented the Plaintiff.

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On February 7, 2022, the parties in this employment-discrimination case proceeded to a jury trial on several claims, including one for retaliation of the exercise of employee benefits under ERISA. The jury returned a verdict in favor of Defendant Southern Pines Trucking on that claim. But, as the parties agreed before trial, the jury's ERISA verdict was advisory because there is no right to a jury trial for ERISA claims. Thus, the Court is not bound by the advisory verdict. Hayes v. Cmty. Gen. Osteopathic Hosp. , 940 F.2d 54, 57 (3d Cir. 1991) ("A trial court has full discretion to accept or reject the findings of an advisory jury.") (citation omitted).



After carefully considering the evidence admitted at trial, the Court respectfully reaches a different conclusion than the jury. The Court finds that Plaintiff Thomas Kairys has proven by a preponderance of the evidence that Southern Pines retaliated against him for exercising his rights to ERISA-protected benefits, and that it interfered with his right to future benefits. As such and for the reasons discussed below, the Court awards equitable relief to Mr. Kairys on this claim equal to $67,500 in front pay, plus reasonable attorneys' fees and costs.

11/27/2023 169 MANDATE of USCA as to 136 Notice of Appeal filed by SOUTHERN PINES TRUCKING, INC., 158 Notice of Appeal filed by SOUTHERN PINES TRUCKING, INC. Affirming judgment/order of the district court. (sb3c) Modified text on 11/28/2023. (keh) (Entered: 11/27/2023)

11/27/2023 170 ORDER granting 168 Motion for Release of Bond Obligation. Signed by Judge J. Nicholas Ranjan on 11/27/2023. (pak) (Entered: 11/27/2023)