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Sexual Harassment Case of Moran v. Shah

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2013: In Moran v. Shah, on August 5, a twelve person jury in Palm Springs found Palm Desert real estate developer, Suresh Shah, guilty of sexually harassing Karen Moran, Shah’s former leasing agent and mall manager at the Town Center Mall in Yucca Valley.

The jury awarded plaintiff $1.25 million ($1,000,000 in punitive damages against Mr. Shah and $250,000 in compensatory damages to plaintiff). Ms. Moran alleged Mr. Shah made unwanted requests for sexual favors in exchange for a raise in pay, that he sent her and other female employees numerous sexually explicit emails, and that he touched her inappropriately and directed vulgar, gender based language at her and other women employees over a period of many months.

The jury also found Mr. Shah acted with malice or oppression, which was the basis for the punitive damages award. Ms. Moran was represented by Patrick McNicholas (lead), John Dalton (second chair), and Jason Oliver.

Court of Appeals finds El Torito’s Arbitration Clause Illegal

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On August 15, 2006, in a sexual harassment case we recently prosecuted against El Torito and Acapulco Restaurants on behalf of three women, the Second District Court of Appeals agreed with our position that an arbitration agreement being used to deprive employees of their right to jury trial contained illegal provisions. In its unpublished opinion in this sexual harassment case against the two companies, the Court of Appeals ordered the illegal clauses stricken and severed from the agreement, but enforced the remainder of the agreement.

If you have questions about a case that you believe may involve a claim of sexual harassment, discrimination, wrongful termination, whistleblower law, or punitive damages, click here for a Free Legal Consultation.

Marcisz v. Ultrastar

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2005: In Marcisz v. Ultrastar – Before the Suresh Shah sexual harassment case, in a sexual harassment case against UltraStar Cinemas (Movie Theater Entertainment Group) a San Diego jury awarded our clients $6,000,000 (six million dollars) in punitive damages in addition to $850,000 in compensatory damages. UltraStar had knowingly allowed two of its male managers, ages 32 and 22 respectively, to sexually harass the teenage plaintiffs. Some of the harassment included assault, the brandishing of knives, and the use of police restraint holds on the teenage girls. At the time of the harassment, the four plaintiffs were minimum wage workers between the ages of 16 and 17 in their first jobs. After the verdicts were rendered, the trial court ordered a new trial, on the grounds that the awards were too much money.

April 30, 2008: the California Court of Appeal reversed the trial court’s decision taking away the emotional distress damages verdict in favor of four teenager girls, reinstating the verdicts as to these amounts. To review the Court of Appeal’s (unpublished) decision overturning the trial court’s decision, in part, click here. The case was also the subject of the very first PBS NOW television special, which takes an in-depth look at issues facing women in the workplace.