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UA settles lawsuit with employee

By Erin Mahoney
Arizona Daily Wildcat,
November 22, 1999
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The Arizona Board of Regents Friday authorized the UA to pay its $72,000 share in a joint lawsuit settlement filed by one of its professors.

Ophthalmology professor Barton Hodes is suing the board and University Physicians Inc. for breach of contract and non-payment of wages, according to regent's reports.

"I am very happy with it (the settlement)," said Stephen Weiss, Hodes' attorney. "It resolves the issues between the parties."

Weiss said he wasn't available to disclose the total amount of the settlement.

UA attorney Vicki Gotkin declined to comment because of university policy.

"We generally don't comment on ongoing litigation," she said.

Hodes was denied renewal of his position as Ophthalmology department chair in 1989, but entered into a settlement agreement with university officials to maintain a certain salary level, Weiss said.

"The agreement was that they would maintain his salary in the 50th percentile of physicians on his staff," he said.

Hodes filed a lawsuit in August 1998 because he felt that his salary had fallen below the terms of the agreement.

Weiss said he doesn't believe the university's settlement is related to recent lawsuits involving other UA employees.

"I don't necessarily think so," he added. "These settlement negotiations have been going on for quite some time."

A statement released by ABOR said the settlement is necessary to avoid the "inevitable risk" of a civil trial.

"If the university were to lose the lawsuit, it would be required to pay Dr. Hodes a disproportionate amount of salary compared to other members of his department for the future," the document stated.

Weiss said although he was pleased with the settlement, he was confident in his case.

"The outcome of a litigation is never a certainty," he said. "We feel strongly that we could have prevailed."


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