Wiercinski v. Mangia 57, Inc., No. 14-1753 (2d Cir. 2015)
Annotate this CasePlaintiff, a Polish man of Jewish descent, filed suit against his employer, Mangia, and other individuals, alleging discrimination on the basis of religion and national origin, retaliation, conspiracy, wrongful termination, and violation of various New York State and City laws. A jury found Mangia liable and awarded nominal damages of $1 and punitive damages in the amount of $900,000. After the verdict, plaintiff applied for an award of attorneys' fees and costs and Mangia moved for remittitur of the punitive damages award. The district court vacated the jury's liability verdict, conditionally granted Mangia's motion for a new trial on the issue of punitive damages, and denied plaintiff's application for fees and costs. The court reversed the district court's ruling insofar as it vacates the liability verdict and award of nominal damages in the amount of $1 where, inter alia, the district court's rejection of the jury's conclusion that plaintiff was subject to a hostile work environment was essentially grounded in the type of evidence weighing and credibility determinations that are not permitted by Rule 50(b). The court affirmed the district court's ruling to the extent it vacated the award of punitive damages where no reasonable jury could conclude that Mangia's conduct was driven by an evil motive or intent, or that it involved a reckless or callous indifference to plaintiff's federally protected rights. The court remanded to the district court to determine what fees and costs, if any, plaintiff may recover given the highly unusual facts of this case.
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