LOHMAN v. DURYEA BOROUGH

No. 08-3524.

574 F.3d 163 (2009)

Nicholas LOHMAN, Appellant v. DURYEA BOROUGH; Duryea Borough Council; Ann Dommes, Individually and in her official capacity as Council President; Lois Morreale, Individually and in her official capacity as Borough Secretary; Frank Groblewski, Individually and in his official capacity as Councilman; Edward Orkwis, Individually and in his official capacity as Councilman; Robert Webb, Individually and in his official capacity as Councilman; Audrey Yager, Individually and in her official capacity as Councilwoman; Joan Orloski, Individually and in her official capacity as Councilwoman.

United States Court of Appeals, Third Circuit.

Filed: July 23, 2009.


Attorney(s) appearing for the Case

Cynthia L. Pollick, Esq., The Employment Law Firm, Pittston, PA, for Plaintiff-Appellant Nicholas Lohman.

Karoline Mehalchick, Esq., Oliver, Price & Rhodes, Clarks Summit, PA, for Defendants-Appellees Duryea Borough; Duryea Borough Council; Ann Dommes; Lois Morreale; Frank Groblewski; Edward Orkwis; Robert Webb; Audrey Yager Joan Orloski.

Before: RENDELL and GARTH, Circuit Judges, and PADOVA, District Judge.


OPINION OF THE COURT

RENDELL, Circuit Judge.

Nicholas Lohman appeals from the District Court's award of $30,000.00 in attorney's fees following a jury verdict in his favor in his wrongful discharge action. The jury awarded Lohman $12,205.00 in lost wages and nominal damages, after finding Appellees liable on one of Lohman's three First Amendment retaliation claims. Lohman contends that the District Court improperly considered settlement negotiations between...

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