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North Carolina female kicker wins $349K legal fees despite $1 bias award.

North Carolina Lawyers Weekly

| March 01, 2004 | COPYRIGHT 2002 Dolan Media Company. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Byline: North Carolina Lawyers Weekly Staff

Even though a female place-kicker who sued Duke for gender discrimination won only $1 in damages, she can collect $349,000 in legal fees, a federal judge has ruled.

The holding by U.S. Middle District Judge James A. Beaty Jr. is the latest twist in a lawsuit filed by Heather Sue Mercer, who made the Blue Devils' 1995 football team as a walk-on but never played.

Mercer was cut by former coach Fred Goldsmith before the 1996 season started --- simply because she was a woman, according to Mercer. She sued the university under Title IX, which bars sex discrimination in educational activities if the school receives federal funds.

Duke argued Mercer was taken off the team because she wasn't good enough to play.

In 2000, a federal jury awarded Mercer $2 million in punitive damages, but gave her only $1 in compensatory damages. After that trial, Judge Beaty tacked on an extra $340,939 in attorney's fees to the punitive and compensatory damages.

Duke didn't …

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