Word: sjc
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Harvard went to Massachusetts Supreme Judicial Court (SJC) Friday to appeal a discrimination judgement of over $1.2 million that was awarded to a former Harvard security guard over two years...
...oral arguments before the SJC Friday, Harvard argued that the trial judge had erred in instructing the jury. The trial judge's instruction was, according to both parties, the most significant of five stated reasons for appeal. If Harvard prevails in its appeal, the case will be sent back to the trial court and a new jury will consider the case...
During the arguments, SJC chief justice Margaret H. Marshall recused herself from the proceedings. She was the general counsel for Harvard at the time when the discrimination suit was filed, and had also ordered an internal investigation of Abramian's charges that found no wrongdoing on Harvard's part...
...unusual move, both sides in this case agreed to appeal the case directly to the SJC, bypassing a lower appellate court. The SJC is the ultimate authority on the meaning and application of Massachusetts law, and is the oldest appellate court in continuous existence in the Western Hemisphere...
...Abramian is asking the SJC not to hold a new trial on any component of the jury award. Instead, his lawyers are asking the SJC to declare the judge's incorrect jury instructions "harmless error," such that the punitive damages could be reinstated and no new trial would be held...