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America January 29, 2024 3 mins read

Davis Polk Not Liable In Black Attorneys Retaliation Case

America ı By Rihem Akkouche

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Davis Polk Not Liable In Black Attorneys Retaliation Case

In a swift resolution to a closely watched legal battle, a Manhattan federal jury has exonerated Davis Polk & Wardwell LLP and two of its lawyers from liability in a case brought by a Black former associate. The plaintiff, Kaloma Cardwell, had alleged that he was terminated in retaliation for speaking out against racial bias and diversity issues within the firm.

Davis Polk Not Liable In Black Attorneys Retaliation Case : Jury Deliberation and Verdict

The jury, comprising five women and five men, deliberated for just over two hours spanning two days before delivering their verdict in favor of Davis Polk and the defendants. The trial, presided over by U.S. District Judge Gregory H. Woods since January 8th, concluded with the jury's swift decision.

Judge Woods expressed gratitude for the jury's diligent service following the verdict.

Background of the Lawsuit

Cardwell initiated the lawsuit in 2019, asserting that his dismissal in 2018 stemmed from racial prejudice. However, Davis Polk refuted the claims, contending that Cardwell was terminated due to inadequate performance, citing its "up or out" advancement model prevalent in large law firms.

Although Judge Woods previously ruled against Cardwell's discrimination allegations, he allowed the retaliation claims to proceed to trial.

Absolution of Defendants

Senior counsel John Bick and former partner Thomas Reid, among the eight individual defendants named by Cardwell, were also cleared of any liability alongside the firm.

Cardwell maintained a composed demeanor as the verdict was announced, with no visible reaction. Post-verdict, he and his legal representative, David Jeffries, exchanged handshakes with Davis Polk's legal team from Paul Weiss Rifkind Wharton & Garrison LLP.

Davis Polk Not Liable In Black Attorneys Retaliation Case : Testimonies and Allegations

During the trial, Cardwell asserted that negative performance reviews did not accurately reflect his work and suggested a covert effort to remove him from the firm. Conversely, current and former Davis Polk associates testified that the evaluations were genuine and aligned with firm practices.

Davis Polk reiterated that the decision to part ways with Cardwell was based on performance and not racial bias, emphasizing its commitment to fair employment practices.

Reactions and Next Steps

Davis Polk expressed satisfaction with the jury's decision, as conveyed by the firm's communications director, Katie Moss. On the other hand, Jeffries refrained from immediate comment.

The future course of the case remains uncertain, with potential avenues for appeal, including challenging previous rulings on discrimination claims.

Members of the jury declined to offer any statements as they left the courthouse.

Davis Polk Not Liable In Black Attorneys Retaliation Case : Legal Representation

Cardwell is represented by David Jeffries of Jeffries Law, while Davis Polk and the individual defendants are represented by legal counsel from Paul Weiss Rifkind Wharton & Garrison LLP.

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Rihem Akkouche

Rihem Akkouche is a passionate journalist dedicated to shedding light on compelling stories, sparking conversations, and fostering a more informed world.

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