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Jan. 25, 2014

Neutral data to derail discriminatory damage awards

By limiting a plaintiff's damages awards based upon race and gender, courts are institutionalizing discrimination.

Brian S. Kabateck

Founding and Managing Partner
Kabateck LLP

Consumer rights

633 W. Fifth Street Suite 3200
Los Angeles , CA 90071

Phone: 213-217-5000

Email: bsk@kbklawyers.com

Brian represents plaintiffs in personal injury, mass torts litigation, class actions, insurance bad faith, insurance litigation and commercial contingency litigation. He is a former president of Consumer Attorneys of California.

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Levi M. Plesset

Milstein, Adelman, Jackson, Fairchild & Wade LLP

Email: lplesset@mjfwlaw.com

Loyola Law School; Los Angeles CA

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"A brakeman is not always a brakeman. A white brakeman is a brakeman; but a negro brakeman is most likely only a negro." - Smith R. Brittingham, "The Claim Agent and His Work: Investigation and Settlement of Claims for Personal Injuries."

The proliferation of railroads across America around the turn of the century invited thousands of lawsuits against railroad companies and served to form our nation's tort doctrine and practice - including Palsgraf. Racial disparities surfa...

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