3.11.2008

M.D. Pa. Notes Intra-Circuit Split Re Amendment of a Judgment to Account for Negative Tax Consequences of Front or Back Pay Award

Per E.E.O.C. v. Federal Express Corp., --- F.Supp.2d ----, 2005 WL 6073699 (M.D. Pa. Jan. 18, 2005):

No decision of the Third Circuit authorizes the amendment of a judgment to account for negative tax consequences that result from a lump sum award of front or back pay. Courts within the circuit are divided on the issue. Compare O'Neill v. Sears, Roebuck & Co., 108 F.Supp.2d 443, 448 (E.D.Pa.2000)(finding award appropriate, and noting plaintiff supported her request with testimony from financial consultant) with Anderson v. Conrail, 2000 U.S. Dist LEXIS 15978 at *14-15 (E.D.Pa. Oct. 26, 2000)(refusing to adjust award to account for tax consequences because such amendment would be speculative, noting plaintiff had not supported her request with any evidence) and Shovlin v. Timemed Labeling Sys., Inc., 1997 U .S. Dist. LEXIS 2350 at *7 (E.D.Pa. Feb. 28, 1997)(same).

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