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Cary Feldman and Grace Culley Win Juror Discrimination Trial in U.S. District Court for the District of Columbia
On January 23, 2009, District Court Judge Rosemary M. Collyer issued a 21-page Memorandum Opinion awarding injunctive relief and damages to a former District of Columbia Government employee who had been terminated from her job while serving as a juror on a four-month, death-penalty trial in the District Court. Feldesman Tucker brought the lawsuit against the District of Columbia on behalf of the employee pursuant to the Jury System Improvements Act, 28 U.S.C. §1875, a federal statute that protects the employment of those called to serve on juries in the federal court system. Mr. Feldman and Ms. Culley jointly tried the case before Judge Collyer in July of 2008. In her Memorandum Opinion, Judge Collyer held that the District of Columbia had violated the Juror Act by terminating the employee by reason of her federal jury service. Among other relief, the court awarded reinstatement to employment with the District of Columbia Government, back wages, retroactive restoration of employee benefits, and attorney’s fees. The court further imposed a statutory penalty against the District of Columbia. 

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Feldesman Tucker Leifer Fidell attorneys Grace Culley and Cary Feldman smile at the 22-page bench ruling from late January awarding their client reinstatement of her job along with back wages, retroactive benefits, and attorneys fees. Cary praised the practical approach of U.S. District Court Judge Rosemary Collyer (she also presided over the death penalty case giving rise to the dispute), who noted that it's reasonable for employers to be upset about long jury service—they just can't penalize employees.
 

Cary says it's "kind of uncanny" another DC employee from the very same jury—a teacher—was also let go after returning to work. That retaliation case, handled by Sutherland, was tried at the same time as Ms. Madison's (post-trial briefs filed in the fall), but there's no decision yet. The employment case was a departure for Cary, who worked Independent Counsel Office's investigations and spends most of his time on white collar work.
LEGAL BISNOW, Feb. 23, 2009