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Update: Danger to Unsuccessful Employment Discrimination Plaintiffs

By Geoffrey A. Mort
February 09, 2004

The September 2003 issue of New York Employment Law & Practice published my article entitled “Be Wary of Rule 54(d)'s Costs Provision,” in which I discussed the award of costs to prevailing defendant employers in employment law cases. I observed that courts have often assessed substantial costs awards against even low-income plaintiffs whose employment law cases are dismissed or lost at trial, although there are arguments available to plaintiffs' counsel in some situations that can be used to minimize or eliminate such awards.

Yadav v. Brookhaven National Laboratory

A January 2004 decision on a costs motion by Eastern District of New York Judge Arthur D. Spatt reinforces several of the points made in the September article, and further dramatizes the dangers of potential costs awards to plaintiffs with marginal cases. The decision in Yadav v. Brookhaven National Laboratory, 2004 WL 46615, 99 CV 5602 (E.D.N.Y. 2004) approved an unusually large costs award of $26,280.20 against a pro se plaintiff after the court granted the defendant's motion for judgment as a matter of law following trial.

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