In June 2007, a federal jury entered a judgment in favor of Basile and against Spagnola for

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In June 2007, a federal jury entered a judgment in favor of Basile and against Spagnola for $150,000 in compensatory damages and $50,000 in punitive damages arising from Basile's claim of sexual harassment by Spagnola during the course of her employment with the New York Thruway Authority. In its findings, the jury concluded that Spagnola intentionally created a hostile work environment on the basis of Basile's gender and that such acts were so permeated with intimidation, ridicule, or insult of sufficient severity or pervasiveness that they materially altered Basile's employment. The jury's verdict was upheld on appeal. In April 2012, Spagnola filed a Chapter 13 bankruptcy petition. Basile was listed as a creditor in Spagnola's petition. Basile brought an adversary proceeding against Spagnola in order to have her sexual harassment judgment excepted from discharge. Spagnola objected and claimed that his behavior was not intentional, willful, or malicious and that the district court jury failed to take into account his subjective intent at the time of the actions in question. Do you think Spanola's argument was successful before the bankruptcy court? Is sexual harassment as alleged by Basile willful and malicious conduct resulting in injury, as to be non-dischargeable under the bankruptcy code? Why or why not? [In re Spagnola, 473 B.R. 518 (Bankr. S.D.N.Y. 2010).]

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Dynamic Business Law The Essentials

ISBN: 978-1259917103

4th edition

Authors: Nancy Kubasek, Neil Browne, Daniel Herron

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