Feb. 3 at Faruqi sex harassment trial: It's up to the jury now

The sexual harassment case of Alexandra Marchuk v. Faruqi & Faruqi went to the jury late yesterday afternoon. For previous coverage of the trial, go here, here, here, here, here, and here.

In closing arguments, the attorney for the defendants called Ms. Marchuk a "wolf" and said she had made up her allegations to get money. Among other things, he noted that her gynecologist, who she saw only a few days after the 2011 post-holiday party "encounter," testified that Ms. Marchuk had said that the encounter was consensual and that she was ok about it.

Whoa. I had not seen that in prior news coverage of the trial. Very significant testimony for the defendants, in my opinion.

"Now she has [Post-Traumatic Stress Disorder]," the lawyer said. "Not like she's a Vietnam vet coming back from the war."

Ms. Marchuk's attorney responded that Ms. Marchuk had lied to her gynecologist because she didn't want to be pressured to go to the police. (Hmmmm.) The attorney accused the defense of "blaming the victim."

Earlier this week, Judge Alvin Hellerstein denied Ms. Marchuk's request that he reconsider his decision dismissing her retaliation and defamation claims, and dismissing the law firm's co-founders, Nadeem and Lubna Faruqi, as individual defendants. Judge Hellerstein also denied a defense motion to dismiss Ms. Marchuk's claim for punitive damages.

Ms. Marchuk is seeking approximately $2 million in back pay, front pay, and compensatory and punitive damages.

Thanks again to Law360 (paid subscription required)and to reporters Ben James and Max Stendahl, for their excellent daily coverage of this trial, without which these blog posts would not be possible.

We'll be back with the verdict! I don't know about you, but I am on the edge of my seat!

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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