Meder v. New York City Department of Education
Meder v. New York City Department of Education
Opinion of the Court
SUMMARY ORDER
Defendant-appellant New York City Department of Education (“DOE”) appeals from a judgment in favor of plaintiff-appel-lee Victoria Meder, awarding her damages and attorneys’ fees in the amount of $560,142.43, following a jury verdict in her favor in this action for retaliation. We assume the parties’ familiarity with the underlying facts, the procedural history, and the issues on appeal.
The DOE challenges the lost-pension benefit component of the award, which was determined to be $162,865. It argues that the District Court failed to account for pension benefits that Meder had already received and continues to receive. Meder defends the District Court’s lost-pension benefit calculation and argues that, even if the District Court erred, the DOE waived its ability to appeal this issue. Upon review of the record, we agree with Meder that the DOE waived this argument. In the District Court, the DOE opposed any award of damages for lost-pension benefits but did not object to Meder’s methodology for determining those damages in the event that they were awarded. Indeed,
CONCLUSION
Accordingly, we AFFIRM the judgment of the District Court.
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