(78) Mitigation under the ADEA does not require success, but it too requires "an honest, good faith effort." (79) Likewise, self-employment may constitute reasonable mitigation of damages
. (80) In response to a party's claim that self-employment should not be included as reasonable mitigation, one court cleverly opined: "The notion that starting one's own business cannot constitute comparable employment for mitigation purposes not only lacks support in the cases, but has a distinctly un-American ring." (81)
beliefs is too important to be swept up in the mitigation of damages
Mitigation of damages
. Insurance industry experts and attorneys attending the seminar uniformly stressed the importance of keeping current and former employees from becoming disgruntled in order to reduce claims.
Mr Liptak said: "We were surprised and concerned we were not allowed by the court to rely on those statements in our own defence or even in mitigation of damages
Under the unique facts here, we think this `plaintiffs' opportunity cost' is, for all practical purposes, equivalent to mitigation and we agree that the tort rules regarding mitigation of damages
can have their place in the law of antitrust." [footnotes omitted] However, it should be noted that the legal concept of mitigation can differ considerably in practice from the economist's concept of opportunity costs.
Contrary to plaintiff's argument, there was evidence supporting a jury instruction on mitigation of damages
, i.e., his own doctor's testimony about the physical therapy and other treatment he recommended, which recommendations plaintiff largely ignored.