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Linda Kenney Baden, Esq. Address

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Linda Kenney Baden, Esq. Address CURRICULUM VITAE Personal Data: Name: Linda Kenney Baden, Esq. Address: 15 West 53rd Street New York, New York 10019 Legal: Pro Bono: Assisted the IP on numerous cases advising regarding non-DNA forensic issues. Cases included: Commonwealth of Pennsylvania v. Anthony Wright which was tried and resulted in an acquittal of a murder charge (contact person Peter Neufeld, Esq.). Recent Cases of Note: Commonwealth v. Aaron Hernandez, represented Aaron Hernandez as forensic counsel on double homicide trial for which he was acquitted. State of New York v. Gilberto Nunez, assisted trial counsel on forensic and scientific issues resulting in a not guilty verdict on a murder charge for Dr. Nunez. State of New York v. Gigi Jordan, as legal forensic consultant to the trial team where she was acquitted by the State of New York of a murder charge but was convicted for the crime of manslaughter in the death of her minor child. State of Florida v. Casey Anthony, represented Casey Anthony on a pro bono basis as the forensic advisor/attorney for the defense from December 2008 until October 2010, resigning only because the State of Florida would not fund costs to out of state pro bono counsel. In re Estate of Madeleine Stockdale, after nearly ten years of litigation including a decision by the NJ Supreme Court, the Superior Court of New Jersey, Chancery Division, Probate Part, in June 2010, granting a seven figure fee award, praised Ms. Kenney Baden and her co-counsel as extremely capable for their persistent, extraordinary efforts and the results which they obtained in a ten year fight on behalf of the Spring Lake First Aid Squad. State of Tennessee v. Paul Gregory House, represented Paul Gregory House on a pro bono basis regarding forensic issues after his conviction was reversed by the United States Supreme Court. The charges against Mr. House were dropped after he spent twenty-two years on death row. People of California v. Phillip Spector, Superior Court of California, Los Angeles County. Chief Forensic Attorney for the defense team of Phillip Spector for the murder of Lana Clarkson that occurred in 2002. After five months of testimony and deliberations, the jury was not able to reach a verdict in the matter and a mistrial was declared. In fact, this was the last televised trial in the State of California. Broadus v. SUNY, et al., represented Kevin Broadus, an African-American NCAA Division I Head Men’s Basketball Coach, in allegations of discrimination against the State University of New York (SUNY). The case settled in six months, without filing suit, for a record $1.2 million. Federal Court (Supreme Court, Appellate & Trial): Baldassare v. County of Bergen, et al., Third Circuit Court of Appeals, Opinion, May 2001, reversing the judgment of the district Court regarding the First Amendment protection accorded the plaintiff’s investigatory conduct, vacating the Court’s order declining jurisdiction over his CEPA claim and remanding for further proceedings consistent with their opinion. Blakey v. Continental Airlines, Inc., Federal Court for the District of New Jersey, Civil Action No. 93-2194, decided October 1997, $625,000 jury verdict for a sexual harassment claim. Represented plaintiff female airline pilot in a sexual harassment trial against Continental Airlines. Plaintiff was awarded $375,000 in back wages, $250,000 in pain and suffering, and fee shifting fees and costs award in excess of $900,000. Smith v. County of Monmouth, United States District Court for the District of New Jersey, November 1997, federal court jury verdict for race discrimination; settlement after trial in the amount of $150,000. (of counsel) Moody v Township of Marlboro, Third Circuit Court of Appeals, Opinion, September 1997, supporting plaintiff’s Federal Court jury verdict for $141,493 (exclusive of attorney fees), decided September 1995, compensating Plaintiff police officer for governmental violation of first amendment rights/civil rights under 42 U.S.C. §1983. Coleman v. Kaye et al., 87 F.3d 1491 (3d Cir. 1996) Federal Court for the District of New Jersey, Civil Action No. 91-1140 (GEB), dec'd October 1994, $425,000 jury verdict and additional award for attorney’s fees for a 42 U.S.C. §1983 claim of gender discrimination. Represented plaintiff female investigator for the Monmouth County Prosecutor’s Office in a gender discrimination trial against the Monmouth County Prosecutor. Affirmed by the Third Circuit Court of Appeals, June, 1996. The Third Circuit Court of Appeals awarded a 50% enhancement of attorneys’ fees based on the exceptional, fine and outstanding services rendered by counsel. Successfully opposed Petition for Writ of Certiorari in the United States Supreme Court resulting in award in excess of $800,000, including attorneys’ fees. (January 1997) Bowles v. City of Camden, 1997 U.S. Dist. N.J. LEXIS 5370, opinion allowing First Amendment, whistleblower and defamation claims to be brought against employer before a jury. (of counsel) Bowles v. City of Camden, 1998 U.S. Dist. N.J. LEXIS 1480, opinion denying defendants’ motion for summary judgment on plaintiff’s 1st Amendment, whistleblower and defamation claims. (of counsel) Hampton v. Borough of Tinton Falls, et al, 98 F.3d 107 (3d Cir. 1996) Third Circuit Court of Appeals decision reversing the district court’s decision granting defendants summary judgment on plaintiff, an African-American police officer’s race discrimination and retaliation claims and remanding the case back to the district court for trial. Lawrence v. National Westminster Bank, New Jersey, 98 F.3d 61 (3d Cir. 1996) Third Circuit Court of Appeals decision reversing the district court’s decision granting defendants summary judgment on plaintiff’s age discrimination and New Jersey Law Against Discrimination disability claim and remanding the case back to the district court for trial. Wolak v. Borough of Matawan, (September 1996) Federal Court jury verdict plus attorney fee award of over $147,000.00 (total award $230,000.00), compensating plaintiff police officer for governmental violation of First Amendment rights/civil rights under 42 U.S.C. §1983. Kapossy v. McGraw-Hill, Inc., 921 F.Supp. 234 (D.N.J. 1996) (of counsel) District Court opinion holding that an employee may bring discrimination and breach of contract claim against employer before a jury. Kennedy v. Kaye, et. al., Appearance in April, 1995, the Third Circuit Court of Appeals of the Federal Court for the District of New Jersey, Civil Action No. 92-364(CSF), dec’d. October 1993, $100,000 jury verdict. Represented plaintiff against the Monmouth County Prosecutor and obtained verdict for defamation of plaintiff Assistant Prosecutor by the Prosecutor. Affirmed by the Third Court of Appeals April 1995. State (Supreme Court, Appellate & Trial): In re Estate of Madeleine Stockdale, A-121-06 (2008), New Jersey Supreme Court, Decision, holding that the record in this case included ample facts and circumstances that would support a compensatory award and, potentially, a punitive one as well. The court affirmed all but the award of attorneys’ fees, remanding for consideration of punitive damages, noting that the trial court was mistaken in its view that an award of attorneys’ fees under Niles is or may be a substitute for punitive damages. Roach v. TRW, Inc., 164 N.J. 598 (2000), New Jersey Supreme Court, Decision, holding that plaintiff was not required to prove a defined violation of public policy to win a jury verdict under sections 3a. and 3c. of the Conscientious Employee Protection Act; that plaintiff provided sufficient proofs to the jury that his complaints to his employer about his co-employees’ conduct were protected under CEPA; and that his discharge was motivated by those complaints. The Court reversed the judgment of the Appellate Division and remanded the matter to the Law Division to reinstate the jury’s verdict. Blakey v. Continental Airlines, Inc. 164 N.J. 38 (2000), New Jersey Supreme Court, Decision, holding that an employer who has notice that its co-employees are engaged on a work-related forum in a pattern of retaliatory harassment directed at a co-employee has a duty to remedy that harassment; defendants who public defamatory electronic messages, with knowledge that the messages would be published in New Jersey and could influence a claimant’s efforts to seek a remedy under New Jersey’s Law Against Discrimination, may properly be subject to the State’s jurisdiction. Aiello v. Hoboken Police Department, Appellate Division Opinion, May 1998, representing police officer in City of Hoboken, New Jersey; reversal of 48 disciplinary charges against police officer who claimed harassment because of transsexualism. Zacher v. Community YMCA, et al., Superior Court of New Jersey, Appellate Division, successfully obtained reversal of the trial court’s dismissal of plaintiff’s claim for breach of contract. (February 1998) (of counsel) Roach v. TRW, Inc., Superior Court of New Jersey, Monmouth County, jury unanimously found that plaintiff, a former employee of TRW, Inc., was retaliated against by his employer for having reported certain alleged illegal and/or unethical activities in his workplace and awarded him $704,800.00 in damages. (July 1997) (of counsel) Montells v. AIG, et al., Superior Court of New Jersey, Middlesex County, November 1996, settlement of sexual harassment case by plaintiff against AIG. Fee application granted by Court after firm retained as trial counsel following remand by N.J. Supreme Court. Hingorani v Schering Corp., unreported (June 1995) Appellate Division decision rejecting concept of judicial estoppel preventing plaintiff from bringing handicap discrimination claim. Settled for a confidential six figure amount, December, 1995. Romano v Brown & Williamson Tobacco Corporation, 284 N.J. Super 543 (App. Div. 1995) Appellate Division decision setting forth rule of law that New Jersey follow the “pretext” analysis in discrimination cases.
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