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SilentPanda

Member
Nov 6, 2017
13,637
Earth
Late last month, a Florida jury awarded a $2.75 million verdict for Dr. Baiywo Rop, a doctor of Kenyan descent who won a lawsuit accusing an Adventist Health System hospital of discriminating against him because of his race and national origin. Then, in an unusual development a week later, a judge vacated the jury's multimillion-dollar judgment against Adventist, the state's second-largest employer.
A Kenyan native, Dr. Rop pursued his radiology residency in Florida Hospital, run by the state's largest employer: Adventist. He says he graduated medical school in 2012 before being accepted for a radiology residency the next year.

Then, during his third year in the program, Rop was diagnosed with severe pernicious anemia, and he says that his employer would not accommodate his condition.

Worse, Rop's superiors falsely accused him of laziness and drug abuse, through racial stereotypes, the doctor alleged.
"Apparently, they made an assumption that I smoked weed, and I overheard an attending saying, 'Oh, he needs to stop smoking weed,'" Rop recounted on the episode. "So here am I, I am having a disease that could easily kill me—it's a cheap disease to diagnose, it's very cheap to treat—but it kills people."

In 2017, Rop sued the parent company in the Ninth Judicial Circuit in Orange County, Florida, ultimately winning a sizeable verdict following a weeklong trial last month.
Then, a week later, Judge Kevin Weiss of the Ninth Judicial Circuit in Florida overruled the jury's decision, finding there were "legitimate, non-discriminatory and non-retaliatory reasons" for Dr. Rop's dismissal.

The four-page verdict did not state what those reasons were, and the judge did not explain why he believed he found the hospital's stated rationale persuasive enough to overturn a six-person jury's findings following a weeklong trial.

lawandcrime.com

A Black Doctor of Kenyan Descent Won a $2.75 Million Verdict Against Florida’s Second-Largest Employer in a Discrimination Lawsuit. Then, a Judge Overruled the Jury.

In the latest episode of "Objections," Dr. Baiywo Rop and his lawyer Jerry Girley describe how a judge vacating their $2.75 million bias verdict reminds them of MLK's "Bank of Justice" analogy.
 
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OP
SilentPanda

SilentPanda

Member
Nov 6, 2017
13,637
Earth
User Warned: Encouraging Harassment
The Judge is probably white.
Yes
IMG_1948c_0.jpg


[Mod Edit: Let's not do that.]
 
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finalflame

Product Management
Banned
Oct 27, 2017
8,538
What an absolute piece of fucking shit. This needs to be investigated and he has to be repealed of his post.
 

Jaychrome91

Member
Nov 4, 2018
2,629
Fuck, that's horrible piece of shit judge. Should be illegal to do that. I hope that judge remembers karma is a bitch.
 

ThatRebel

The Fallen
Oct 28, 2017
440
San Antonio, TX
I'm assuming this was a judgement notwithstanding verdict which still doesn't make sense. I'm sure he (the plaintiff) had plenty of evidence for his case, surely enough to convince a jury. Especially for that sum. For the judge to say that no reasonable jury could've come to that verdict is insane. I would like to see the court documents though.
 

Daphne

Avenger
Oct 27, 2017
3,687
Soo, is this straight up racism or corruption on behalf of a large company, or both?
It doesn't seem like the judge can have any other reasons for this bizarre decision.

His name is literally "White" in German.
Kevin B White, indeed. Can't be more white than this bullshit.
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
Notwithstanding that there seems to have been discrimination and the fact civil rights laws are nowhere near as strong as they should be (thanks BURGER COURT!!!!):

The four-page verdict did not state what those reasons were, and the judge did not explain why he believed he found the hospital's stated rationale persuasive enough to overturn a six-person jury's findings following a weeklong trial.

This is a pretty bad paragraph that states things that aren't true and implies things that directed verdicts and JMOLs don't require (he doesn't need to find they were more persuasive, they don't weigh the weight of the evidence. they just look if there was evidence a jury could use).

But as for this case the judge does articulate and cites cases that specifically state that under Florida law (lol) aren't valid evidentiary facts (disagree with his holding, but he does cite things). Specifically, he states that the doctor claims Aventist was liable for these actions and statements of its employees isn't supported by evidence allowed by the law (it's not an evidentiary ruling though, btw the law uses confusing terms on purpose)

According to the law this judge has to find he's by "direct" evidence that race was the motivating factor in his firing

The standard the judge uses here for direct is:
"evidence, which if believed, proves existence of fact in issue without inference or presumption. Evidence that only suggests discrimination, [citations] does not constitute direct evidence. "
Merritt v. Dillard Paper Co., 120 F.3d 1181, 1190.

additionally, the judge cites the fact that juries can't stack inferences (I'm not sure this is actually a good argument by the judge since I don't think this quote supports what he's claiming since the case (below) that he cites isn't about discrimination and the Merritt case (above) IS and DID find discrimination).
"A jury may not stack inferences to determine that a party had actual knowledge of a dangerous condition, nor is the mere possibility of causation sufficient to establish liability."
Publix Super Mkts., Inc. v. Bellaiche, 245 So. 3d 873, 876.

He doesn't state that the defendant's (hospital) reasons were "better" he just states they offered them and his evidence wasn't, by law, able to be used by the jury in the way that it was.

I would need to dig into Florida Civil rights law to really know more but basically, the judge is saying that he didn't provide the elements of the action he was claiming, so thusly, no jury (without violating the law) could have reasonably found they way they did (juries can only base decisions on facts in certain ways).

Its a poorly written opinion and I have no idea on the merits as I don't know Florida law.

tl;dr: judges determine the law, juries find facts. the law states you have to offer evidence for your claim otherwise judges, by law should direct a verdict contrary to you because there are no facts that a jury could use to support you're claim. that's what the judge says happens here.

I think on appeal he should raise the question of what "direct evidence" is because this judge is very confusing (I don't personally think the case is super strong, its a jury question, not a matter of law...)

His name is literally "White" in German.
He's Jewish

Edit: I want to highlight this disn't to say the judge was right or didn't have ulterior motives (see below). This primarily was written because I've spend 7 hours today doing bar prep on these very subjects (civil procedure) and this post was for my own edification and trying to explain how JMOL/directed verdicts work. I don't want to downplay how people use the law, even "correctly" to perpetuate discrimination. just saw a bunch of "THEY CAN IGNORE THE JURY" and tried to explain how and what the judge was doing (which looking at the totality seems really fucked up)
 
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Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
wish the OP would have included this:


Adventist did not have a motion at the time asking Judge Weiss to vacate the judgment.

Currently appealing the decision, Rop and Girley want to reinstate the verdict that the judge vacated—and, Girley says, make sure King's bank of justice operates for his client.

The judge did it on his own (they are allowed to do this. is called sua sponte). but its really weird to do POST verdict in this way (he could have done this before the jury deliberated and decided which makes the motives questionable...
 

anexanhume

Member
Oct 25, 2017
12,913
Maryland
wish the OP would have included this:




The judge did it on his own (they are allowed to do this. is called sua sponte). but its really weird to do POST verdict in this way (he could have done this before the jury deliberated and decided which makes the motives questionable...
Holy shit, didn't think it could get worse.

I'm sure the company just saw it as the cost of doing business.
 

Mgs2master2

One Winged Slayer
The Fallen
Oct 25, 2017
2,861
yo like legit wtf? never knew a judge can do this. Also of course this would happen in Florida.
 
Oct 25, 2017
6,710
Juries don't always follow the law that they are given instructions on, particularly on employment law or municipality cases. It should be down before going to the jury for this very reason. That said, I know nothing of this case, just my own experiences.
 

Mgs2master2

One Winged Slayer
The Fallen
Oct 25, 2017
2,861
I think the biggest thing that baffles me is the hospital also appears to be racist too but they didn't have a hand in the judge's decision to overturn it?
 

Night

Late to the party
Member
Nov 1, 2017
5,097
Clearwater, FL
So basically, the judge overruled the jury because the evidence the jury used to award the plaintiff the victory was constituted as inferred evidence and not actual evidence by the judge (something like that). This has happened before and is legal. The prosecution can appeal, which I'm sure they will.

Judgment notwithstanding verdict
 

Dervius

Member
Oct 28, 2017
4,901
UK
Notwithstanding that there seems to have been discrimination and the fact civil rights laws are nowhere near as strong as they should be (thanks BURGER COURT!!!!):



This is a pretty bad paragraph that states things that aren't true and implies things that directed verdicts and JMOLs don't require (he doesn't need to find they were more persuasive, they don't weigh the weight of the evidence. they just look if there was evidence a jury could use).

But as for this case the judge does articulate and cites cases that specifically state that under Florida law (lol) aren't valid evidentiary facts (disagree with his holding, but he does cite things). Specifically, he states that the doctor claims Aventist was liable for these actions and statements of its employees isn't supported by evidence allowed by the law (it's not an evidentiary ruling though, btw the law uses confusing terms on purpose)

According to the law this judge has to find he's by "direct" evidence that race was the motivating factor in his firing

The standard the judge uses here for direct is: Merritt v. Dillard Paper Co., 120 F.3d 1181, 1190.

additionally, the judge cites the fact that juries can't stack inferences (I'm not sure this is actually a good argument by the judge since I don't think this quote supports what he's claiming since the case (below) that he cites isn't about discrimination and the Merritt case (above) IS and DID find discrimination).
Publix Super Mkts., Inc. v. Bellaiche, 245 So. 3d 873, 876.

He doesn't state that the defendant's (hospital) reasons were "better" he just states they offered them and his evidence wasn't, by law, able to be used by the jury in the way that it was.

I would need to dig into Florida Civil rights law to really know more but basically, the judge is saying that he didn't provide the elements of the action he was claiming, so thusly, no jury (without violating the law) could have reasonably found they way they did (juries can only base decisions on facts in certain ways).

Its a poorly written opinion and I have no idea on the merits as I don't know Florida law.

tl;dr: judges determine the law, juries find facts. the law states you have to offer evidence for your claim otherwise judges, by law should direct a verdict contrary to you because there are no facts that a jury could use to support you're claim. that's what the judge says happens here.

I think on appeal he should raise the question of what "direct evidence" is because this judge is very confusing (I don't personally think the case is super strong, its a jury question, not a matter of law...)


He's Jewish

Edit: I want to highlight this disn't to say the judge was right or didn't have ulterior motives (see below). This primarily was written because I've spend 7 hours today doing bar prep on these very subjects (civil procedure) and this post was for my own edification and trying to explain how JMOL/directed verdicts work. I don't want to downplay how people use the law, even "correctly" to perpetuate discrimination. just saw a bunch of "THEY CAN IGNORE THE JURY" and tried to explain how and what the judge was doing (which looking at the totality seems really fucked up)

This is interesting, thanks for explaining it.
 

Stat

Member
Oct 25, 2017
5,158
Then, a week later, Judge Kevin Weiss of the Ninth Judicial Circuit in Florida overruled the jury's decision, finding there were "legitimate, non-discriminatory and non-retaliatory reasons" for Dr. Rop's dismissal.

The four-page verdict did not state what those reasons were, and the judge did not explain why he believed he found the hospital's stated rationale persuasive enough to overturn a six-person jury's findings following a weeklong trial.


WTF? They can do that. Then why even have a jury if the judge is the jury.
 

Zyae

Prophet of Truth
Banned
Mar 17, 2020
2,057
wish the OP would have included this:




The judge did it on his own (they are allowed to do this. is called sua sponte). but its really weird to do POST verdict in this way (he could have done this before the jury deliberated and decided which makes the motives questionable...

It's not weird because he wanted to see what verdict they returned because judges don't like directed verdicts.
 

PanickyFool

Banned
Oct 25, 2017
5,947
The vast majority of times a Judge will not overrule a jury verdict, because they normally would have dismissed the case. More common is to overrule damages.

I think the basic question prior to arguing any discrimination is, "Can a radiologist with severe pernicious anemia be reasonably accommodated or should it be a disability claim?" Don't know anything there.

On discrimination the Jury clearly found reason to believe he was discriminated against and the judge's lack of explanation does not due him any favors.
 

Syriel

Banned
Dec 13, 2017
11,088
tl;dr: judges determine the law, juries find facts. the law states you have to offer evidence for your claim otherwise judges, by law should direct a verdict contrary to you because there are no facts that a jury could use to support you're claim. that's what the judge says happens here.

If this is the case, then it should have never been sent to the jury. The judge should have called the directed verdict due to there being no facts at issue in evidence.

The call happening AFTER the jury verdict and with no motion from the hospital's lawyers is, as the kids say, a bit sus.

I think the biggest thing that baffles me is the hospital also appears to be racist too but they didn't have a hand in the judge's decision to overturn it?

Adventist is HUGE. While they have insurance (which is likely who provided the defense), they're not going to be stupid enough to claim that discrimination can't happen. Unfortunately, once you get to a certain size, you're likely to have at least some folks who are happy to discriminate if given the chance.

At the end of the day, a $2.75 million claim is small potatoes.
 
Nov 2, 2017
2,240
If this is the case, then it should have never been sent to the jury. The judge should have called the directed verdict due to there being no facts at issue in evidence.

The call happening AFTER the jury verdict and with no motion from the hospital's lawyers is, as the kids say, a bit sus.

Yep. At best, the argument for the judge here is "I didn't want to do my job by issuing a directed verdict and thought the jury would do my job for me, and it bit me in the ass when the jury came to a different conclusion".
 

Senator Toadstool

Attempted to circumvent ban with alt account
Banned
Oct 25, 2017
16,651
If this is the case, then it should have never been sent to the jury. The judge should have called the directed verdict due to there being no facts at issue in evidence.

The call happening AFTER the jury verdict and with no motion from the hospital's lawyers is, as the kids say, a bit sus.
Completely agree. I said as much in my second post. it seems as if he got pissed the verdict (tbh I do think the damages are a bit much based on what the jury found) but he could have also just reduced them.
 

DarthWoo

Member
Oct 27, 2017
2,658
Oh who knows, maybe it's not racism. Maybe it's as simple as a hefty secret payout to the judge from the hospital that would be significantly less than the damages otherwise. Perfectly innocent.
 
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OP
SilentPanda

SilentPanda

Member
Nov 6, 2017
13,637
Earth
A Doctor Won a $2.75 Million Discrimination Verdict Against a Hospital. A Judge Threw It Out. Now, the Hospital Wants Him to Pay.

Now that a Florida judge has nullified the more than $2.75 million discrimination verdict that a jury awarded to a Black doctor of Kenyan descent, the hospital the man sued wants stick him with the bill.

The Sunshine State's second-largest employer, Adventist Health System, asked a judge to saddle Dr. Baiywo Rop with more than $230,000 in attorney fees and costs in a pair of filings on Friday. In a 24-page motion, the hospital argues that Rop produced no evidence of bias based on national origin and race—despite the findings of a six-member jury to the contrary.
If granted by the judge, the attorney's fee would mark yet another dramatic turn in Dr. Rop's journey. A Kenyan native, Rop pursued his radiology residency in the Adventist-run Florida Hospital. Rop says he graduated medical school in 2012 before being accepted for a radiology residency the next year.
In 2015, Rop was diagnosed with severe pernicious anemia, and he says that his employer would not accommodate his condition.

According to his lawsuit, Rop was falsely accused of laziness and drug abuse, through racial stereotypes.

"Apparently, they made an assumption that I smoked weed, and I overheard an attending saying, 'Oh, he needs to stop smoking weed,'" Rop recounted in a recent episode of Law&Crime's podcast "Objections: with Adam Klasfeld."
Doud did not immediately respond to questions seeking clarification on the hospital's argument that jury-supported allegations were in fact "frivolous" enough to warrant attorney's fees.
lawandcrime.com

A Doctor Won a $2.75 Million Discrimination Verdict Against a Hospital. A Judge Threw It Out. Now, the Hospital Wants Him to Pay.

After a Florida judge nullified the more than $2.75 million bias verdict that a jury awarded to a Black doctor of Kenyan descent, the hospital that the man sued wants stick him with the bill.