Alexandra Marchuk v. Faruqi & Faruqi: A Prickly Pear
How can you ward off an allegedly lecherous colleague? Here's one idea.
You should buy a cactus for your desk so he won’t sit down.
— A co-worker of Alexandra Marchuk, plaintiff in the pending case of Marchuk v. Faruqi & Faruqi, giving Marchuk advice on how to deal with frequent (and allegedly unwelcome) office visits from Juan Monteverde, who would perch on Marchuk’s desk.
This came from testimony from Lexie Marchuk at trial earlier today. Here are a few more tidbits from this morning’s proceedings:
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1. “One day you’re going to cost this firm a lot of money.”
A comment allegedly made by Nadeem Faruqi to Juan Monteverde and overheard by other employees at Faruqi & Faruqi. The defendants moved to exclude it, but the motion was denied; Judge Hellerstein ruled that the comment shows the Faruqis’ knowledge of the dangers of employing Juan Monteverde.
2. “I made the ruling, Mr. Lipman. Did you hear my ruling? Sit down.”
In last night’s story, I wondered whether Judge Hellerstein was being unduly hard on defense counsel. As the comment above to Marchuk attorney Harry Lipman shows, the judge is tough on both sides, especially when he feels the lawyers aren’t moving things along quickly enough.
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3. “I think she’s intimidating.”
Lexie Marchuk’s explanation for why she didn’t feel comfortable reporting Monteverde’s alleged harassment to founding partner Lubna Faruqi. I can see where Marchuk is coming from; Lubna Faruqi has a great deal of presence, and this can read as “intimidating” to some.
This morning, however, I met Lubna Faruqi — she approached me and introduced herself — and I was impressed by her warm demeanor. She was looking sharp, in an ensemble consisting of high black books, a black shirt, a black blazer with white polka dots, and a cream blouse. Her brother Nadeem Faruqi, in a well-cut dark suit, also said hello.
4. “I suspect things may get worse.”
A comment made by Lexie Marchuk in a Gchat with a friend, which was the subject of dueling interpretations at trial; because of the comment’s placement in the Gchat, the referent is ambiguous. Defense counsel argues that Marchuk was referring to things getting worse for Juan Monteverde after Marchuk’s filing of a vindictive lawsuit; plaintiff’s counsel argues that Marchuk was referring to the tough road ahead for herself, in terms of litigating against the Faruqis and Monteverde.
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Where will this road lead for Alexandra Marchuk? Will it end with her receiving a multimillion-dollar award, or will she slink back to Omaha empty-handed? We’ll keep you posted.
Earlier: Alexandra Marchuk v. Faruqi & Faruqi: 5 Observations From Inside The Courtroom
Alexandra Marchuk v. Faruqi & Faruqi: Time To Pick A Jury
