A high-stakes legal battle has culminated in a mixed verdict over the termination of two tenured professors from a university's geography department. The plaintiffs, Mahtab A. Lodhi and Peter Yaukey, filed their complaint against the University of New Orleans (UNO) through the University of Louisiana Board of Supervisors and its President, Peter Fos, in the Civil District Court for Orleans Parish on May 1, 2023.
The case revolves around the abrupt termination of Dr. Lodhi and Dr. Yaukey on December 5, 2014, following the elimination of UNO's Department of Geography. The plaintiffs argued that they were dismissed without due process, violating both U.S. and Louisiana Constitutions as well as UNO’s academic policies. On August 21, 2020, they moved for partial summary judgment on procedural due process liability, asserting that their property rights in their tenured positions were revoked without notice or an opportunity to respond.
The defendants countered by arguing that the eliminations occurred under Louisiana State University's governance of UNO and thus adhered to University of Louisiana System policies. They contended that while tenured faculty have a right to notice and hearing for disciplinary or non-disciplinary terminations, this does not extend to decisions preceding termination.
A jury trial held from April 4 through April 10, 2023 resulted in a unanimous verdict favoring the plaintiffs. The jury awarded $772,020 to Dr. Lodhi and $515,336 to Dr. Yaukey for past lost earnings, mental anguish, loss of professional reputation, and lost fringe benefits. However, the trial court issued amended judgments on May 1, 2023 detailing these awards further.
On May 5, 2023, the defendants moved for a judgment notwithstanding the verdict but were denied on June 26, leading to this appeal. The appellate court affirmed parts of the trial court’s decision while reversing others—specifically overturning awards for lost accrued sick leave based on statutory limitations.
In his affidavit supporting partial summary judgment, Dr. Yaukey detailed how he was informed about potential reductions only two days before receiving his termination letter with no prior notice or opportunity to be heard by a Tenure Review Committee (TRC). Similarly detailed affidavits from Dr. Lodhi and other faculty members corroborated these claims.
The defendants’ opposition hinged on procedural technicalities related to policy jurisdiction between LSU and UL systems but failed to provide evidence that due process was followed per applicable policies or constitutional requirements.
Ultimately affirming most damages awarded by the jury while striking down sick leave compensation based on clear statutory guidelines (La. R.S. 17:3312(A)(7)), Judge Sandra Cabrina Jenkins delivered a nuanced ruling that underscores both procedural adherence and substantial justice in employment law disputes involving academic tenure.
Representing plaintiffs were Dale Edward Williams from Covington and John Armand Venezia from New Orleans; representing defendants were Linda Law Clark and Monica G. Moton from Baton Rouge along with Phyllis E. Glazer from Louisiana Department of Justice.
Case ID: No. 2015-11537