You Can Have Your Cake and Eat It Too: Second Circuit Says Parties Can Appeal Portions of a Judgment After Accepting Remittitur

The Second Circuit’s recent decision in Legg v. Ulster County, —F.3d—, 2020 WL 6325857 (2d Cir. Oct. 29, 2020) resolved for the first time whether a party may appeal a post-trial judgment after accepting remittitur for certain claims. The court’s holding provides critical guidance on a key strategic option available to trial and appellate attorneys seeking to lock in a partial victory and reduce risk while pursuing an appeal.

The Underlying Trial and The District Court’s Remittitur Order. In Legg, the plaintiffs were four female corrections officers employed by the Ulster County Jail, who brought claims for, among other things, sexual harassment and a hostile work environment. While certain claims were dismissed by the district court, a plaintiff named Patricia Watson proceeded to trial on her Title VII hostile work environment and §1983 claims against the County. At trial, the evidence included “proof of a pervasively sexualized working environment inhospitable to female employees.” Id. at *2. For example, the trial evidence established that male corrections officers viewed and circulated pornography in the office, used pornographic screensavers on their work computers, and engaged in sexual comments and banter, and inappropriate touching. Id. at *3.