Johnson-Klein award reduced: Fresno State may still appeal
Stacy Johnson-Klein’s $19.1 million award in her lawsuit against Fresno State was reduced to $6.6 million on Friday. However, Fresno State still plans to appeal the rest of the case, according to Dawn Theodora of the university counsel.
“We will continue to explore our legal options, including appeal, and hope this dispute can be resolved expeditiously,” said Theodora, in a press release issued Friday.
According to the court, former women’s basketball coach Johnson-Klein has until Feb. 22 to decide whether or not to accept the award.
If Johnson-Klein does not accept the award, then the court will grant Fresno State a new trial. If she does, the court said in the formal disposition that it will deny Fresno State a new trial.
But Claudia Keith, a California State University spokesperson, said that there are other appeals that Fresno State can file even if Johnson-Klein accepts the award. Keith did not specify what actions the university planned on taking, but said that they are “making sure we have all our options open.”
In January, Fresno State filed an appeal asking that the trial verdict be overturned based on “jury misconduct, insufficiency of evidence, excessive damages, errors in law and irregularities occurring before, during and after the proceedings,” according to the written disposition.
The majority of Fresno State’s claims centered around jury miscounduct, including an incident where jurors celebrated with Johnson-Klein after the trial. The disposition stated that after a trial “former trial jurors are free to go about their lives, do the ‘Coach K stomp,’ keep their notes, celebrate with whom they like, discuss the case and their verdict and, if they are so inclined, write a book about their experiences.”
The court rejected all of the university’s claims, except for excessive damages, where it reduced Johnson-Klein’s award.
Johnson-Klein initially sued the university in 2005, alleging gender discrimination after she was fired.
Fresno State has said that she was fired for several violations, including taking half a bottle of prescription pain killers from a player.
The trial took place last year, and the jury awarded $19.1 million to Johnson-Klein in December 2007.
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