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We passed summary judgment, where Amex tried to push the problem on Qing alone, even though Amex knew about it in Feb 2006 and violated their Code of Conduct by not reporting it to their managers, and by covering it up in a memo to the Secretary of the Corporation about whom I spoke with a 2nd investigation in Dec2005.
I'm also wondering what is Amex's reason for low-balling me, instead of giving a fair amount back 4 years ago, or a higher amount now. I think punitive damages should be included in the settlement estimate, but one of my two lawyers says "no".
I saw on TV a fictional case on "The Good Wife" where the lawyer gets the difference between what the big firm offers and what the plaintiff accepts. Thus, the law firm is probably pushing for a lower settlement to get the difference to themselves.
I say the Punitive Issues and Bad Faith: Amex's in house legal counsel, a VP and lawyer, investigated and told me in Feb 2006: "All Qing said to FJ was 'I don't think XXXXX XXXXXndner can work here.' which I wrote him an email that night saying that this was proof of the breach of contract, which forbade Qing from giving "any information" and required him to send them to Human Resources. The VP/lawyer wrote back that day saying he disagrees with my characterization of my conversation with him, and refuses to memorialize it. However, under oath in Jan2009, the VP/Lawyer admitted that the handwritten paper had Quote marks around the phone conversation he had with Qing in Feb2006 that said:
So, the VP/lawyer in the General Counsel's Office knew that Qing breached the June2000 Amex-Lindner contract, which was to settle and EEOC sexual harassment suit, and thus violated the Title VII of the Civil Rights Law of 1964 on retaliation, and the lawyer ignored the Amex Code of Conduct (filed with the SEC as per SOX - Sarbanes-Oxley), and the Amex Whistleblower Code, both of which required him to report that violation to his manager and try to fix the situation.
When I pointed it out to my current lawyer, he said it's irrelevant that they conspired against me. I say it's relevant to punitive damages. He did not even want to call that lawyer, nor Qing's boss of 15 years (Amex's Banking President Ash Gupta) on the stand, saying it would be a waste of his (the lawyer's) time and that he did not know what Ash would answer in terms of what he knew and when he knew it.
Well, my attorney put in notice to quit after we reached an out-of-court settlement of an undisclosed amount.
As for "in retaliation for exercising a right granted by a statute", the original suit was filed under Title VII and for my complaint of Qing sexually harrassing me. And that the USDJ (District Judge) summarized my case as 3 points:
Thus the VP/Lawyer knew it was a Title VII case, and it was jointly against Qing & Amex.
In the Anucha Browne Sanders v MSG case, Isiah Thomas wrote in his brief that Ms. Sanders did not deserve punitive damages, since they only apply when the firm exhibits willful indifference to the law. (some such phrase).
Isn't this wilfull indifference by the VP/lawyer?
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