Shervin Defense Team Obtains Stunning Costs Award: Plaintiff Ordered To Pay Nearly $200,000

Posted on: Wednesday, January 20th, 2016

On January 19, 2016, the Massachusetts Federal District Court (Casper, J.) allowed (in full) the Bills of Costs filed by Holtz & Reed and their co-counsel, Edward Mahoney, John P. Coakley, and Rebecca J. Wilson, in the amount of $194,298.26 – requiring Plaintiff Nina Shervin, M.D. to repay Holtz & Reed’s institutional clients their costs incurred successfully defending Dr. Shervin’s years-long employment discrimination and retaliation case.  The four prevailing defendants included Holtz & Reed clients Partners HealthCare System, Inc. and Massachusetts General Physicians Organization, Inc.

Judge Casper’s costs Award follows an “across-the-board” jury verdict in favor of the institutional and individual defendants, which the First Circuit Court of Appeals subsequently affirmed.  (See Story here.)

In allowing the defendants’ Bills of Costs in full, the Federal District Court rejected Dr. Shervin’s representations that her scant resources and significant personal debt rendered her unable to pay defendants’ litigation and trial costs.  Rather, the Court found that the defendants had shown “necessity” for the costs sought “particularly given the complexity of the case and scope of this litigation,” and in light of the “hard-fought litigation of discrimination claims between parities who were represented by well-matched and experienced counsel.”

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