Davis Polk Black Ex-Associate’s Reprisal Claims Nixed by NY Jury

A Black attorney failed to prove Davis Polk & Wardwell LLP and two lawyers fired or otherwise retaliated against him because he complained about race discrimination, a Manhattan federal jury ruled Monday.

Former associate Kaloma Cardwell didn’t show by a preponderance of the evidence that Davis Polk, senior counsel John Bick or then-managing partner Thomas Reid violated his rights under federal and state laws , the US District Court for the Southern District of New York jury said.

Judge Gregory H. Woods presided over the nearly two week trial.

The parties agreed during the course of the trial to dismiss all remaining claims against attorney Daniel Brass.

Cardwell sued in 2019, alleging the law firm retaliated against him by denying job assignments and ultimately terminating him for bogus performance reasons. Davis Polk’s push to limit his work opportunities and professional development was in stark contrast to what it told him about its diversity and inclusion efforts when it recruited him away from other firms, Cardwell said. The bias he faced caused him to go from billing more than 100 hours per month to four straight months with zero billable hours, Cardwell said.

Davis Polk denied the allegations and zealously defended itself against Cardwell’s claims for four years.

Woods narrowed Cardwell’s claims in a pair of rulings in October 2020 and September 2021. On Feb. 16, Woods granted summary judgment against Cardwell on his race discrimination claims. The summary judgment ruling also dismissed Cardwell’s retaliation claims against five other Davis Polk partners or former partners, who the court found “lacked the requisite knowledge to take retaliatory action.”

Cardwell sought to hold the defendants liable under 42 U.S.C. §1981, the New York State Human Rights Law, the New York City Human Rights Law, and Title VII of the 1964 Civil Rights Act.

David Jeffries of New York represented Cardwell. Paul, Weiss, Rifkind, Wharton & Garrison LLP represented Davis Polk and the other defendants.

The case is Cardwell v. Davis Polk and Wardwell LLP, S.D.N.Y., No. 1:19-cv-10256, jury verdict 1/29/24.