Former Journal Editor's Lawsuit Ends with Mistral

The civil trial of a former academic journal editor who claimed Harvard unfairly fired her because of a mental disability ended in a mistrial on Dec. 3, University Attorney Allan A. Ryan Jr. said yesterday.

Claire S. Kelleher, the former editor of The Review of Economics and Statistics, a publication of Harvard's Economics Department, sued the University after she was terminated in August, 1996.

Kelleher, who was diagnosed with clinical depression after the death of her parents, claimed the University's refusal to accommodate her disability was discriminatory. A second claim alleged that her termination was a retaliation for filing complaints both within the University and with the Massachusetts Commission Against Discrimination (MCAD).

She sought $650,000 in compensation plus other, unspecified damages.

The trial began in Middlesex County Superior Court on Nov. 8.

Ryan, who led Harvard's defense, said the jury could not reach a verdict after it began deliberating on the case on Nov. 23.

In civil cases like this one, eleven out of the 13 jurors need to agree to reach a verdict.

"I think there's a certain amount of frustration all around," Ryan said. We spent a lot of time trying the case and we walk away with no answer."

Ryan said the judge had instructed the jury only to consider whether Harvard should pay compensatory damages to Kelleher.

The judge threw out the question of whether Harvard should pay punitive damages.

A date for a new trial has not yet been scheduled, but Ryan said he expects the case to return to the courtroom early next year.

Kelleher sued the University based on a Massachusetts anti-discrimination statute which requires employers to make reasonable accommodations to qualified handicapped persons. The law recognizes mental, as well as physical impairments, to be handicapping conditions.