Full opinion text
MEMORANDUM OPINION AND ORDER REGARDING PLAINTIFF’S MOTION TO RECONSIDER ALLOCATION OF DAMAGES AND, IN THE ALTERNATIVE, MOTION TO RECONSIDER RULING ON PLAINTIFF’S MOTION TO AMEND COMPLAINT BENNETT, Chief Judge. TABLE OF CONTENTS I. INTRODUCTION. .916 II. PLAINTIFF’S MOTION TO RECONSIDER. A. Factual and Procedural B. Applicable Standards Governing Plaintiff’s Motion to Reconsider 1. Rule 59(e). 2. Rule 60(b). C. Federal Rule of Civil Procedure 8. 1. Did Baker plead her ICRA claims out of court?. 2. Rule 10(b)’s effect on Baker’s Rule 8 argument. D. Federal Rule of Civil Procedure 15(b). E. Federal Rule of Civil Procedure 54(c) . 1. Mandatorg nature and of Rule 54(c) . 2. “Unfairly prejudicial” exception. a. Did Baker prove her ICRA claims?. b. Does the ICRA’s absence of a damages cap unfairly prejudice John Morrell?. H CO 3. Are the ICRA claims a separate “theory” or “issue”?. CO CO III. DEFENDANT’S MOTION TO AMEND THE JUDGMENT. C* CO A. Allocation of Compensatory Damages to ICRA Claims.939 B. Emotional Distress Damages.942 1. Sufficiency of the evidence.942 a. Applicable standards.942 b. Baker’s evidence of emotional distress and causation .943 2. Excessive verdict.944 a. Applicable standards.944 b. Do Baker’s awards shock the conscience?.945 C. Pre-Judgment Interest on State-Law Claims.948 D. Punitive Damages.949 1. Applicable standards.950 2. Malice or reckless indifference.951 3. Good faith efforts .959 4. Amount of punitive damages award .960 a. Application of statutory damages cap provision.960 b. Excessive verdict.960 IV. CONCLUSION.963 I. INTRODUCTION This matter is before the court on the plaintiffs March 28, 2003 Motion to Reconsider Allocation of Damages and, in the Alternative, Motion to Reconsider Ruling on Plaintiffs Motion to Amend Ruling. (Doc. No. 184). In her motion, Baker urges the court to reconsider its March 17, 2003 Memorandum Opinion and Order denying her Motion to Amend Complaint. In that order, the court found that Federal Rule of Civil Procedure 15(b) did not impart the court with authority under the facts of this case to grant amendment. Because of the lack of prejudice to the defendant in this case, the court was inclined to grant the amendment but ultimately determined that Rule 15(b) did not authorize amendment. Nevertheless, on November 27, 2002, the court directed the parties to brief the allocation of damages, assuming the court were to grant the plaintiffs motion to amend. (Doc. No. 140). On December 20, 2002, the plaintiff responded to the court’s order (Doc. No. 161), and, in her brief, Baker made the following observation without any legal citation, invocation of a procedural rule, or further support: As an initial matter, Baker submits that the Court does not necessarily need to grant the Motion to Amend to allocate damages to claims based on Iowa law. Baker believes that her original Complaint puts John Morrell on notice of her state law claims because the Complaint specifically references the fact that she filed a charge with the Iowa Civil Rights Commission, that a right to sue letter had been issued by the Iowa Civil Rights Commission, and that the Complaint was filed within 90 days of the right to sue letter. (Doc. No. 161). In her Motion to Reconsider, the plaintiff asks the court to address this argument, which she now frames in terms of Federal Rule of Civil Procedure 8, which establishes the liberal notice pleading standards. Baker initially moved to amend her complaint under Federal Rule of Civil Procedure 15, and the parties were in agreement that Rule 15 governed. This is the rule upon which the court’s March 17, 2003 Order was based. The issue in this Motion to Reconsider is not squarely controlled by case law as it developed under any single Federal Rule of Procedure. The court, instead, must resolve this motion by looking at a combination of Rules, including Rules 8, 15, and 54(c), to determine whether Baker’s request to add parallel state-law claims is appropriate in this novel set of circumstances. II. PLAINTIFF’S MOTION TO RECONSIDER A. Factual and Procedural Background Because the court has addressed in detail the jury’s findings and the factual background of this case, the court, in the present Order, will not repeat them in their entirety here, instead providing only a brief background of this employment discrimination lawsuit. This sex discrimination case arose out of Rita Baker’s (“Baker”) employment with the defendant, John Morrell & Co. (“John Morrell”), as a Computer Scale Operator in the defendant’s Sioux City, Iowa meat packaging plant. Baker began her employment at John Morrell in 1984, and she continued to work for John Morrell until April of 2001. She initiated this lawsuit, claiming that she was constructively discharged, subjected to disparate treatment and a sexually hostile work environment, and retaliated against for challenging the sexual discrimination she endured at John Morrell — all in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. The case was tried to a jury for seven days, beginning on September 23, 2002. The case was submitted to the jury in the late afternoon of October 1, 2002. The following afternoon, on October 2,. 2002, the jury returned its verdict. It found in favor of Baker on her claims of sexual harassment and retaliation. The jury also found on both of these claims that Baker was constructively discharged, and, pertinent to her retaliation claim, the jury found that John Morrell had failed to prove its “same decision” defense. On Baker’s claim of disparate treatment, the jury found in favor of John Morrell. The jury awarded the following damages for John Morrell’s wrongful conduct: On her claim of sexual harassment, $250,000.00 for past emotional distress and $50,000.00 for future emotional distress; on her retaliation claim, $75,000.00 for past emotional distress and $10,000.00 for future emotional distress. The jury also awarded $150,000.00 for past emotional distress and $200,000.00 for future emotional distress for Baker’s constructive discharge. Moreover, the jury awarded $14,470.24 for Baker’s past medical expenses and $90,000.00 for future medical expenses on her sexual harassment claim. The jury also found that Baker was entitled to a $33,314.73 award for backpay. Finally, the jury assessed a sizable punitive damages award against John Morrell: $600,000.00 for sexual harassment and $50,000.00 for retaliation. The Clerk of Court entered judgment in the amount of $1,522,784.97 on October 2, 2002. A flurry of post-trial motions followed the trial, the' majority of which this court resolved in an Order, dated March 17, 2003. Front pay, attorney’s fees, costs and expenses were awarded in an Order, dated May 21, 2003. Pertinent to this motion, in its March 17, 2003 Order, the court denied Baker’s Motion to Amend Complaint, in which she sought to add retaliation and hostile-work-environment claims under the Iowa Civil Rights Act (“ICRA”), Iowa Code ch. 216. The ICRA is Iowa’s parallel anti-discrimination counterpart to Title VII. The import of such an amendment is clear: only by adding a state-law claim on her sexual harassment and retaliation claims can she escape the Title VII damages liability cap, which, in this case, is $300,000.00. The court held a telephonic hearing on the plaintiffs motion on May 14, 2003. At this hearing, the plaintiff was represented by her lead counsel Stanley Munger of Munger, Reinschmidt & Denne, Sioux City, Iowa. The defendant was represented by Leslie Stellman of Hodes, Ulman, Pes-sin & Katz, P.A., Towson, Maryland, and by Scott Folkers, in-house counsel for John Morrell in Sioux Falls, South Dakota. B. Applicable Standards Governing Plaintiff’s Motion to Reconsider Baker’s motion fails to identify the authority for a motion to reconsider. The Eighth Circuit Court of Appeals commented on the “dangers of filing a self-styled ‘motion for reconsideration’ that is not described by any particular rule of federal civil procedure,” and identified the usual bases upon which such motions are construed to have been made in Sanders v. Clemco Indus., 862 F.2d 161 (8th Cir.1988): Federal courts have construed this type of motion as arising under either Rule 59(e) (motion to alter or amend the judgment) or Rule 60(b) (relief from judgment for mistake or other reason). See Spinar v. South Dakota Bd. of Regents, 796 F.2d 1060, 1062 (8th Cir.1986). The two rules serve different purposes and produce different consequences, both substantive and procedural. See A.D. Weiss Lithograph Co. v. Illinois Adhesive Prods. Co., 705 F.2d 249, 249-50 (7th Cir.1983) (per curiam). When the moving party fails to specify the rule under which it makes a postjudgment motion, that party leaves the characterization of the motion to the court’s somewhat unenlightened guess, subject to the hazards of the unsuccessful moving party losing the opportunity to present the merits underlying the motion to an appellate court because of delay. Sanders, 862 F.2d at 168 (footnotes omitted). The court’s “somewhat unenlightened guess” here is that the motion, filed within ten days after the judgment, was intended to be made pursuant to Rule 59(e). See Sanders, 862 F.2d at 168-69 (distinguishing between of a motion filed within ten days of the judgment, deemed to be made pursuant to Rule 59(e), and one made later, deemed to be made pursuant to Rule 60(b)). Baker has done nothing to discount John Morrell’s construction of the motion as having been made pursuant to that rule. Although the court will first consider the standards for a motion made pursuant to Rule 59(e), as the most likely authority upon which Baker’s motion to reconsider is based, the court will also consider the standards applicable to a motion made pursuant to Rule 60(b). In this case, however, both Rules provide a permissible basis for plaintiffs motion. 1. Rule 59(e) The language of Rule 59(e) provides only a deadline for motions “to alter or amend,” without specifying the standards for alteration or amendment. See Fed. R. Civ. P. 59(e). Because Baker’s motion was timely under Rule 59(e), the court will consider Rule 59(e) as a possible authority for the plaintiffs motion. See Arnold v. Wood, 238 F.3d 992, 998 (8th Cir.), cert. denied, 534 U.S. 975, 122 S.Ct. 400, 151 L.Ed.2d 304 (2001); Garrett v. United States, 195 F.3d 1032, 1033 (8th Cir.1999). The Eighth Circuit Court of Appeals has filled in the substantive standards for a motion to “alter or amend” pursuant to Rule 59(e). Under Rule 59(e), the court may alter or amend its judgment only if it finds a “manifest” error of law or fact in its ruling. See Hagerman v. Yukon Energy Corp., 839 F.2d 407, 414 (8th Cir.1988) (quoting Rothwell Cotton Co. v. Rosenthal & Co., 827 F.2d 246, 251 (7th Cir.), as amended, 835 F.2d 710 (7th Cir.1987), quoting in turn Keene Corp. v. Interna tional Fidelity Insurance Co., 561 F.Supp. 656, 665-66 (N.D.Ill.1982), aff'd, 786 F.2d 388 (7th Cir.1984)). More specifically, Federal Rule of Civil Procedure 59(e) was adopted to clarify a district court’s power to correct its own mistakes in the time period immediately following entry of judgment. Norman [v. Arkansas Dep’t of Educ.], 79 F.3d [748,] 750 [(8th Cir.1996)] (citing White v. New Hampshire Dep’t of Employment Sec., 455 U.S. 445, 102 S.Ct. 1162, 71 L.Ed.2d 325 (1982)). Rule 59(e) motions serve a limited function of correcting “ ‘manifest errors of law or fact or to present newly discovered evidence.’” Hagerman, 839 F.2d at 414 (quoting Rothwell Cotton Co. v. Rosenthal & Co., 827 F.2d 246, 251 (7th Cir.), as amended, 835 F.2d 710 (7th Cir.1987)). Such motions cannot be used to introduce new evidence, tender new legal theories, or raise arguments which could have been offered or raised prior to entry of judgment. Id. Innovative Home Health Care, Inc. v. P.T.-O.T. Assocs. of the Black Hills, 141 F.3d 1284, 1286 (8th Cir.1998). Denial of a Rule 59(e) motion is reviewed for abuse of discretion and the district court abuses its discretion, for example, when it makes an error of law or an erroneous factual finding. See Computrol, Inc. v. Newtrend, L.P., 203 F.3d 1064, 1070 (8th Cir.2000); Roark v. City of Hazen, Ark., 189 F.3d 758, 761 (8th Cir.1999). As will become evident in considering the merits of Baker’s motion, the court finds “manifest error” of law requiring it to “alter or amend” the judgment in this case. Specifically, the court determined in its March 17, 2003 Order that it lacked the authority to grant amendment and award relief under the ICRA, but upon further consideration, the court has concluded that the Federal Rules of Civil Procedure indeed authorize the relief that the plaintiff seeks. 2. Rule 60(b) Rule 60(b) authorizes the district court to revisit a final judgment, order, or proceeding and to grant relief to the movant under six specifically enumerated circumstances. Pertinent to this Motion to Reconsider is the sixth category listed, known as the catch-all provision: “[T]he court may relieve a party ... from a final judgment ... for ... (6) any other reason justifying relief from the operation of the judgment.” Fed. R. Civ. P. 60(b)(6). The Supreme Court has described Rule 60(b)(6) as a rule that “vests power in courts adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice.” Klapprott v. United States, 335 U.S. 601, 614-15, 336 U.S. 942, 69 S.Ct. 384, 93 L.Ed. 266 (1949). Similarly, the Court of Appeals for the Eighth Circuit has stated that “[t]his rule may be liberally construed to do substantial justice to allow parties to air meritorious claims in the absence of fault or prejudice.” In re Kirwan, 164 F.3d 1175, 1177 (8th Cir.1999) (citing MIF Realty L.P. v. Rochester Assocs., 92 F.3d 752, 756-57 (8th Cir.1996)). The Court of Appeals for the Eighth Circuit has succinctly explained the standards. governing Rule 60(b) motions to reconsider as follows: Federal Rule of Civil Procedure 60(b) provides that the court may relieve a party from a final judgment for, among other reasons, mistake, inadvertence, surprise, or excusable neglect. A Rule 60(b) motion is committed to the sound discretion of the trial court, and we review the district court’s decision to grant or deny the motion only for an abuse of discretion. Rosebud Sioux Tribe v. A & P Steel, Inc., 733 F.2d 509, 515 (8th Cir.), cert. denied, 469 U.S. 1072, 105 S.Ct. 565, 83 L.Ed.2d 506 (1984). “ ‘Abuse of discretion occurs if the district court rests its conclusion on clearly erroneous factual findings or if its decision relies on erroneous legal conclusions.’ ” Hosna v. Groose, 80 F.3d 298, 303 (8th Cir.1996) (quoting International Ass’n of Machinists & Aerospace Workers v. Soo Line R.R., 850 F.2d 368, 374 (8th Cir.1988) (en banc), cert. denied, 489 U.S. 1010, 109 S.Ct. 1118, 103 L.Ed.2d 181 (1989)), petition for cert. filed (U.S. June 28, 1996) (No. 95-9498). Although we have said that Rule 60(b) motions are disfavored, we also recognize that they “serve a useful, proper and necessary purpose in maintaining the integrity of the trial process, and a trial court will be reversed where an abuse of discretion occurs.” Rosebud Sioux Tribe, 733 F.2d at 515. MIF Realty L.P. v. Rochester Assocs., 92 F.3d 752, 755 (8th Cir.1996); accord Bennett v. Dr. Pepper/Seven Up, Inc., 295 F.3d 805, 807 (8th Cir.2002) (“We will reverse a district court’s ruling on a Rule 60(b) motion only if there was a clear abuse of the court’s broad discretion.”) (citing Roark v. City of Hazen, Ark., 189 F.3d 758, 761 (8th Cir.1999)). “Under Rule 60(b) the movant must demonstrate exceptional circumstances to justify relief.” Brooks v. Ferguson-Florissant Sch. Dist., 113 F.3d 903, 904 (8th Cir.1997) (citing Atkinson v. Prudential Prop. Co., 43 F.3d 367, 371 (8th Cir.1994)); see, e.g., Cornell v. Nix, 119 F.3d 1329, 1332-33 (8th Cir.1997) (Rule 60(b)(6) authorizes relief in “extraordinary circumstances”). Exceptional circumstances exist where the judgment bars adequate redress. Atkinson, 43 F.3d at 373. While relief under Rule 60(b) is “extraordinary,” a Rule 60(b) motion is “committed to the sound discretion of the trial court.” MIF Realty, 92 F.3d at 755. As the Eighth Circuit Court of Appeals explained, Rule 60(b) is to be given a liberal construction so as to do substantial justice and “ ‘to prevent the judgment from becoming a vehicle of injustice.’ ” Id. (quoting United States v. Walus, 616 F.2d 283, 288 (7th Cir.1980)). This motion is grounded in equity and exists “to preserve the delicate balance between the sanctity of final judgments ... and the incessant command of a court’s conscience that justice be done in light of all the facts.” Id. (internal quotations omitted) (alterations in original). See also 11 Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Praotioe and Procedure: Civil 2D § 2857, at 255 (2d ed. 1995) (“Equitable principles may be taken into account by a court in the exercise of its discretion under Rule 60(b).”). MIF Realty, 92 F.3d at 755-56. Although Rule 60(b) motions are “disfavored,” the Eighth Circuit Court of Appeals has also “recognize[d] that they ‘serve a useful, proper and necessary purpose in maintaining the integrity of the trial process, and a trial court will be reversed where an abuse of discretion occurs.’ ” Id. at 755 (quoting Rosebud Sioux Tribe v. A & P Steel, Inc., 733 F.2d 509, 515 (8th Cir.1984)). An “abuse of discretion” occurs “if the district court rests its conclusion on clearly erroneous factual findings or if its decision relies on erroneous legal conclusions.” Id. (internal quotation marks omitted) (quoting Hosna v. Groose, 80 F.3d 298, 303 (8th Cir.1996), in turn quoting International Ass’n of Machinists & Aerospace Workers v. Soo Line R.R., 850 F.2d 368, 374 (8th Cir.1988) (en banc)). In this case, the plaintiff moved under Rule 15 to amend her complaint in order to plead parallel state-law causes of action. The court denied that motion, finding that the situation at hand did not fit neatly into Rule 15 case law as it has developed. Rule 15(b) mandates that: When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings ... may be made upon motion of any party, at any time, even after judgment.... Fed. R. Civ. P. 15(b). In this case, the plaintiff sought to amend her complaint to inject claims, not issues or theories, that had been raised in the pleadings — retaliation and sexual harassment — albeit by way of a cause of action that was not cited in the complaint. It is this fine-line distinction between causes of action and claims that the drafters of the Federal Rules of Civil Procedure sought to abolish in promulgating the Federal Rules in 1938. See 5 Chaeles A. WRIGHT, Arthur R. MilleR & Mary Kay Kane, Federal Practioe and Procedure § 1216 (1990) (footnotes omitted). In Baker’s complaint, she specifically averred a cause of action under Title VII. Yet, the factual allegations contained in her complaint also support claims under Iowa’s parallel anti-discrimination statute, the ICRA. The Federal Rules exalt substance over form, and the “exceptional circumstance” in this case is the court’s initial failure to perceive the impact of this distinction on its authority to grant post-trial relief to the plaintiff. C. Federal Rule of Civil Procedure 8 The first ground asserted in Baker’s Motion to Reconsider is that an amendment to her complaint was unnecessary because the facts alleged in her complaint supported claims under the ICRA and put John Morrell on notice of those state-law claims. Under Rule 8(a)(2), pleading need consist only of “a short and plain statement of the claim showing that the pleader is entitled to relief.” The Supreme Court has elaborated on this bare-bones standard and held that the Federal Rules require the complaint to give the defendant “fair notice of what the plaintiffs claim is and the grounds upon which it rests.” Conley v. Gibson, 355 U.S. 41, 47, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Some time ago the Court of Appeals for the Eighth Circuit explained the function of this simple form of “notice pleading”: “The only function left to be performed by the pleadings alone is that of notice. For these reasons, pleadings under the rules may properly be a generalized summary of the party’s position, sufficient to advise the party for which incident he is being sued, sufficient to show what was decided for purposes of res judicata, and sufficient to indicate whether the case should be tried to the court or to a jury. No more is demanded of pleadings than this.... ” Century ’21’ Shows v. Owens, 400 F.2d 603 (8th Cir.1968) (quoting 1A BaRRON & Holtzoff, Federal Practice and Procedure, § 251, at 29 (1960)); see also Mattes v. ABC Plastics, Inc., 323 F.3d 695, 699 (8th Cir.2003) (“Even the liberal standards of notice pleading require some factual allegations that state a cause of action and put a party on notice of the claim against it.”) (citing Hopkins v. Saunders, 199 F.3d 968, 973 (8th Cir.1999)). As one Fifth Circuit judge poignantly observed, Ancestor worship in the form of ritualistic pleadings has no more disciples. The time when the slip of a sergeant’s quill pen could spell death for a plaintiffs cause of action is past. Under Federal Rules of Civil Procedure, a complaint is not an anagramatic exercise in which the pleader must find just exactly the prescribed combination of words and phrases. Thompson v. Allstate Insurance Co., 476 F.2d 746, 749 (5th Cir.1973). Baker’s motion and the defendant’s resistance raise interesting questions of first impression for this court. They are: (1) whether Baker pleaded her ICRA claims out of court by specifically averring a cause of action under Title VII, 42 U.S.C. § 2000e-5 et seq., omitting any citation to the ICRA, Iowa Code ch. 216; and, if not, (2) whether her claims under the ICRA can be added post-trial despite the fact she did not intend to bring the parallel claims until the jury returned a sizeable verdict well in excess of Title VTI’s statutory damages cap. 1. Did Baker plead her ICRA claims out of court? Under Rule 8, as noted above, all that is required of a pleading is a short and plain statement showing the plaintiff is entitled to relief. Fed. R. Civ. P. 8(a)(2). While a plaintiff is entitled to go beyond this simple requirement and plead additional facts, it is well-established that if the plaintiff chooses to provide additional facts, beyond the short and plain statement requirement, the plaintiff cannot prevent the defendant from suggesting that those same facts demonstrate the plaintiff is not entitled to relief. E.g., Romine v. Acxiom Corp., 296 F.3d 701, 706 (8th Cir.2002) (“ ‘[Wjhile notice pleading does not demand that a complaint expound the facts, a plaintiff who does so is bound by such exposition.’ ”) (quoting Bender v. Suburban Hosp., Inc., 159 F.3d 186, 192 (4th Cir.1998)) (citing Hemenway v. Peabody Coal Co., 159 F.3d 255, 261 (7th Cir.1998) (“[pjlaintiffs pleaded themselves out of court on the fraud theory.”)); Northern Trust Co. v. Peters, 69 F.3d 123, 129 (7th Cir.1995) (“More is not necessarily better under the Federal Rules; a party ‘can plead himself out of court by ... alleging facts which ... demonstrate that he has no legal claim.’ ”) (quoting Trevino v. Union Pac. R.R. Co., 916 F.2d 1230, 1234 (7th Cir.1990)). Indeed, a complaint need not even cite any law in order to pass muster under the liberal pleading standards. E.g., Bennett v. Schmidt, 153 F.3d 516, 517 (7th Cir.1998). But, this is not a case where the plaintiff failed to cite a statute or cited the wrong statutory provision. The court is confident that these variables distinguish Baker’s case from the myriad cases interpreting the liberal pleading standards. The cases cited by the plaintiff, as well as the plethora of cases this court has reviewed in the course of its research on this issue, address Rule 12(b)(6) motions to dismiss where the defendant argues that the plaintiff has not stated any cause of action upon which relief could be granted or the plaintiff cited the wrong statute. In those situations, courts should not dismiss a complaint if the facts alleged in the complaint would support a cause of action, irrespective of whether or not the plaintiff invoked the correct statutory provision. The question in this case is more complex than the plaintiffs argument would have the court believe: By citing a correct federal statutory ground for relief to the exclusion of state law, should the court (and the defendant) assume that, because relief is also available under a separate, but parallel, state statute, the plaintiffs action is brought under state law as well? In answering this question, which the plaintiff frames in terms of Rule 8, the court is guided by the firmly established principle that “pleadings must be construed liberally in order to prevent errors in draftsmanship or the like from barring justice to litigants. Such pleadings must be construed favorably to the pleader and judged by substance rather than form.” Mutual Creamery Insurance Co. v. Iowa Nat’l Mut. Insurance Co., 427 F.2d 504, 507-08 (8th Cir.1970). Still, the court cannot find that Baker’s complaint encompassed claims under the ICRA because, as the court found in its March 17, 2003 Order, the plaintiff herself did not even intend for such state-law claims to be brought until after the verdict was reached in this case. She clearly pleaded sufficient facts that would put John Morrell on notice of her sexual discrimination claims, irrespective of the particular state or federal statute under which they arose. Absent the explicit reference to Title VII, the court would have little difficulty concluding that John Morrell was on notice of Baker’s federal and state law claims because of the parallel nature of the claims and because of Baker’s references in her complaint to both the Equal Employment Opportunity Commission (“EEOC”) and the Iowa Civil Rights Commission (“ICRC”). In addition, her complaint indicates that she filed discrimination charges with both the EEOC and the ICRC and that she received right-to-sue letters from both agencies, as well. Her charges and right-to-sue letters were attached as exhibits to her complaint. Nevertheless, Baker’s specific assertion of a particular statutory entitlement for relief, i.e., Title VII, suspends her ability to claim that she also impliedly pleaded sex discrimination in violation of the ICRA. As the defendant points out, plaintiffs decision to invoke federal but not state law prompts application of a well-known principle of statutory construction, inclusio unius est exclusio alterius — the inclusion of one is the exclusion of others. Moreover, plaintiffs counsel is among the top civil rights attorneys in the state of Iowa. As such, the court awarded him a premium hourly rate in the plaintiffs request for attorney’s fees. The court is certain he is well aware of the parallel nature of the ICRA claims and of the impact on a plaintiffs recovery that a state-law claim can have. Given his skill, knowledge, and experience, the court is hard-pressed to assume that his failure to plead the ICRA was an error in draftsmanship. In addition, and perhaps more importantly, Baker’s choice to invoke federal law but not state law was just that — her choice. Under the well-pleaded complaint rule, the plaintiff is the master of her complaint. The Sixth Circuit has stated that “the fact that the wrong asserted could be addressed under either state or federal law does not ordinarily diminish the plaintiffs right to choose a state law cause of action.” Alexander v. Electronic Data Sys. Corp., 13 F.3d 940, 943 (6th Cir.1994) (citing Franchise Tax Bd. v. Construction Laborers Vacation Trust, 463 U.S. 1, 13, 103 S.Ct. 2841, 77 L.Ed.2d 420 (1983); Louisville & Nashville R. Co. v. Mottley, 211 U.S. 149, 29 S.Ct. 42, 53 L.Ed. 126 (1908)). In Alexander v. Electronic Data Systems Corp., 13 F.3d 940 (6th Cir.1994), a rejected job applicant brought a hiring discrimination suit in state court. The defendant sought to remove the lawsuit to federal court on the ground the plaintiffs claims “ ‘relate to’ a plan covered by the Employment Retirement Income Security Act” (ERISA), and “conflict directly with an ERISA cause of action,” and therefore invoke federal question jurisdiction. Id. at 942 (quoting district court). While a dissertation on ERISA preemption is well beyond the scope of this Order, it suffices to say that the court was called upon to address whether a preemption defense under ERISA section 1144 conferred federal question jurisdiction upon the district court. Id. at 943. Concluding that it did not and reversing the district court, the Alexander court noted that the district court was hesitant to find federal question jurisdiction because of its respect for the well-pleaded complaint rule. Id. The United States District Court for the Northern District of Ohio recently applied the Alexander holding to a case that is somewhat analogous to Baker’s case. In Strong v. Print U.S.A., Ltd., 230 F.Supp.2d 798 (N.D.Ohio 2002), a civil rights plaintiff filed suit in state court, alleging four counts. Each count involved the plaintiffs allegations of sex discrimination, and Counts One, Two, and Three each specifically invoked Ohio law. Id. at 798-99. Count Four, however, alleged violation of public policy and cited state and federal law, specifically Title VII, as sources of that policy. Id. at 799. Moreover, under Count Four, the plaintiff sought recovery of attorney’s fees and costs pursuant to Title VIL Id. The defendant employer sought to remove the lawsuit to federal court pursuant to 28 U.S.C. § 1441(b), which allows for the removal of actions “ ‘of which the district courts have original jurisdiction founded on a claim or right arising under the Constitution, treaties or laws of the United States.’” Id. (quoting 28 U.S.C. § 1441(b)). The defendant argued that the request for attorney’s fees under Title VII implied that the plaintiffs action was brought pursuant to Title VII. Id. The district court refused to infer that the plaintiffs action was brought pursuant to federal law because, as the plaintiff, she was entitled to choose state law despite the fact federal law also provided an avenue through which to seek redress of the alleged wrong. Id. Her references to Title VII did not convert her state-law claims into ones arising under federal law. Id. Because resolution of a federal question was not essential to her state-law claims, the court refused to infer the existence of a federal statutory claim and held that the plaintiffs lawsuit did not present a question of federal law. Id. While Alexander and Strong arose in the context of removal jurisdiction, the principles they highlight apply in full force in the context of Baker’s case. The Supreme Court has similarly stated that “the party who brings a suit is master to decide what law [she] will rely upon.” Franchise Tax Bd., 463 U.S. at 12, 103 S.Ct. 2841. In her complaint, Baker relied only on federal law, but she now urges the court to infer that her claims were also brought under the ICRA. Like the Strong court, this court cannot imply that Baker’s claim was brought under any law other than that upon which she specifically relied. Moreover, the court found in its March 17, 2003 Order that Baker did not intend to bring her lawsuit under the ICRA until the jury returned a verdict in excess of the statutory damages cap. Baker did not challenge that finding in this Motion to Reconsider, and the court continues to stand by the accuracy of that finding. The court does not know whether this lack of intent was based on a strategic decision or was merely a failure to perceive the potential recovery in this case. Whatever the source of her failure to bring her claims pursuant to the ICRA, Rule 8 cannot be summoned to relieve its master of the consequences of her decision to bring her lawsuit under Title VII and not under the ICRA. As the master of her complaint, Baker made her legal bed when she chose to bring her lawsuit only under Title VII and, barring other relief, she must now lay in it. 2. Rule 10(b)’s effect on Baker’s Rule 8 argument Baker also argues that Rule 10(b) of the Federal Rules of Civil Procedure does not require her to set out separate counts to seek relief under separate statutory provisions. Thus, she claims that she was under no obligation to replead her Iowa law claims as separate counts. Rule 10(b) provides, All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which shall be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. Fed. R. Civ. P. 10(b). The court does not disagree with the plaintiffs assertion that a plaintiff may combine state and federal claims in a single count, imprudent as the practice of doing so may be. See, e.g., Federal Deposit Insurance Corp. v. Miller, 781 F.Supp. 1271, 1278 n. 5 (N.D.Ill.1991) (summarily rejecting defendant’s argument that plaintiff failed to' comply with Rule 10(b) by combining state and federal claims in a single count). However, Baker did not merely set out a cause of action under each of her counts without invoking any law as she would have the court believe. Each of the counts of her complaint “repleads” the preceding paragraphs “as if fully set out” in each specific count. [Pf.’s Cmplt. Doc. No. 1]. By doing so, each count incorporates the first paragraph, which states that “[t]his action is based on the provisions of 42 U.S.C. Section 2000e et seq., commonly referred to as the Civil Rights Act of 1964 and all amendments thereto. Subject matter jurisdiction is conferred upon' this Court by 42 U.S.C. Section 2000e-5(f).” [Pf.’s Cmplt. Doc. No. 1]. The second paragraph similarly cites Title VII in support of its assertion that venue is proper. Moreover, while the court does not consider this persuasive, it bears noting that Baker seeks punitive damages, which are available only under federal law, in each of her counts, in addition to seeking costs and attorneys fees pursuant to federal law. Therefore, the harsh consequences of Baker’s choice to bring her claims only under Title VII, prompting application of the statutory damages cap, cannot be avoided by Rule 10(b)’s lax standard of pleading. In her brief, the plaintiff did not cite any Rule 10(b) case law, instead simply referencing a portion of 5 CháRLes A. WRIGHT, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1324 (1990). The Rule 10(b) cases cited therein do not stand for the proposition that plaintiffs state-law claims were impliedly subsumed by their counts which averred violations of Title VII. The court has reviewed each of the cases cited in the pertinent portion of the treatise cited by the plaintiff, and in each of those cases, the plaintiffs specifically alleged violations of separate statutes but combined those allegations into a single count. E.g., Michigan Gas & Elec. Co. v. American Elec. Power Co., 41 F.R.D. 462, 463-64 (S.D.N.Y.1966) (alleged violations of Sherman Act and Clayton Act in same count); Wagner v. World Wide Autos. Corp., 201 F.Supp. 22, 23 (W.D.N.Y.1961) (violations of federal and state law. in same count proper when arise out of same set of facts); National Cold Storage Co. v. Port of N.Y. Auth., 24 F.R.D. 404, 405-06 (S.D.N.Y.1959) (two statutes alleged to have been violated in same count); United States v. American Linen Supply Co., 141 F.Supp. 105, 108 (N.D.Ill.1956) (violations of Sherman Act and Clayton Act are properly combined into single count when they arise out of the same facts). That practice is proper under Rule 10(b), but that is not the situation with which the court is confronted in this case. Plaintiffs rebanee on Rule 10(b) would be appropriate if, for example, in Count I of her complaint, she alleged sexual harassment under Title VII and the ICRA. But, by way of incorporation, she invoked her rights solely under Title VII, and Rule 10(b) is of no assistance to her post-trial attempt to argue that her complaint pleads claims under Title VII and the ICRA. In short, plaintiffs Rule 8 argument fails because, as the master of her complaint, she chose to rely on Title VII, and the court will not infer any other statutory basis for her complaint. However, the court’s analysis on this motion to reconsider does not end with consideration of Baker’s Rule 8 argument because she also argued that the court improperly denied her Motion to Amend Complaint. The court turns now to that argument. D. Federal Rule of Civil Procedure 15(b) In its March 17, 2003 Order, this court stated, Under these circumstances in which the court finds that the plaintiff moved to amend in order to avoid the Title VII damages cap but did not intend to bring the state-law claims until the large verdict was returned, the court opines that Rule 15(b) does not impart the court with authority to grant the plaintiffs amendment. However, because the standards for habihty in this case are identical under the ICRA and Title VII and, therefore, amendment would not result in any prejudice to the defendant, the court would grant the plaintiffs motion if the court had discretion to do so. [Order, Doc. No. 176, at 80 n. 19]. The court’s decision was based on Baker’s lack of intent to try her claims under the ICRA. Upon further consideration, however, the court now bebeves that this lack of intent does not preclude Baker from a post-trial amendment, so long as the defendant was not prejudiced and the added claims were in fact proven at trial. The court’s authority to grant amendment is drawn not only from Rule 15(b), but also from Rule 54(c) and the spirit of the Federal Rules in general. Rule 15(b) provides in pertinent part that, When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings. Such amendment of the pleadings ... may be made upon motion of any party, at any time, even after judgment.... Fed. R. Civ. P. 15(b). Rule 1 of the Federal Rules of Civil Procedure sets the bberal backdrop against which courts are directed to interpret the Rules: “They shall be construed and administered to secure the just, speedy, and inexpensive determination of every action.” Fed. R. Civ. P. 1. Rules 8, 15(b), and 54(c) also embody this liberal spirit. Wright, Miller, and Kane state, “To some degree, the functioning of all the procedures in the federal rules for broad joinder of parties and claims, discovery, free amendment, and summary judgment are intertwined inextricably with the pleading philosophy embodied in Rule 8.” 5 ChaRles .A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1202, at 68 (1990). “The federal courts have generally and consistently recognized that, as a general rule, amendments under Rule 15 should be allowed with liberality.” Standard Title Insurance Co. v. Roberts, 349 F.2d 613, 622 (8th Cir.1965). The intent of Rule 15(b) is “to provide the maximum opportunity for each claim to be decided on its merits rather than on procedural niceties.” Hardin v. Manitowoc-Forsythe Corp., 691 F.2d 449, 456 (10th Cir.1982). Courts should construe Rule 15(b) liberally and allow an amendment whenever doing so will effectuate the purpose of the rule. 6 Charles A. Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1491. The seminal Eighth Circuit case on Rule 15(b) motions to conform to evidence is Gallon v. Lloyd-Thomas Co., 264 F.2d 821 (8th Cir.1959). The Gallon court provides a concise summary of the law on this point: While, in general, Rule 15 of the Federal Rules of Civil Procedure eontem-plates that amendments to pleadings should be allowed with liberality where necessary to bring about furtherance of justice and where the adverse party will not be prejudiced, it is a settled rule of practice that the trial court is vested with sound discretion in granting or refusing an amendment to pleadings, and the extent of this Court’s review is limited to the question of abuse of this discretion. Id. at 823 (citations omitted). More recently, in Gamma-10 Plastics, Inc. v. American President Lines, Ltd., 32 F.3d 1244 (8th Cir.1994), the Court-of Appeals for the Eighth Circuit stated the relevant standards for a Rule 15(b) amendment after judgment: “The purpose of an amendment to conform to proof is to bring the pleadings in line with the actual issues upon which the case was tried; therefore, an amendment after judgment is not permissible which brings in some entirely extrinsic issue or changes the theory on which the case was actually tried, even though there is evidence in the record — introduced as relevant to some other issue— which would support the amendment.” Id. at 825 n. 3 (citation omitted). With respect to post-trial motions under Rule 15(b), the court plainly stated that “[a]n amended complaint that ‘merely amplifies-some of the allegations that have been proven’ should be allowed.” Id. (quoting Herrera v. Valentine, 653 F.2d 1220, 1224 (8th Cir.1981)). This is so because the purpose of the Rule is to “promote the objective of deciding cases on their merits rather than in terms of the relative pleading skills of counsel....” 6 Charles A. Wright, Arthure R. Miller & Mary Kay Kane, Federal Practice and Procedure § 1491, at 454 (1971); see Wallin v. Fuller, 476 F.2d 1204, 1210 (5th Cir.1973). In this case, amendment would not inject any new issues or theories into the case. The issues raised in Baker’s proposed ICRA claims are identical to those tried under Title VII: retaliation and hostile-work-environment. Moreover, the standards of liability for the ICRA claims are identical to the Title VII claims she proved at trial. Montgomery v. John Deere & Co., 169 F.3d 556, 558 n. 3 (8th Cir.1999) (discrimination claims under ICRA are analyzed in same manner as their federal law counterparts); Moschetti v. Chicago, Cent. & Pac. R. Co., 119 F.3d 707, 709 n. 2 (8th Cir.1997) (analysis of retaliation claims is the same under Title VII and ICRA); Henderson v. Heartland Press, Inc., 65 F.Supp.2d 991, 999 (N.D.Iowa 1999) (prima facie case for actionable hostile work environment the same under both ICRA and Title VII), aff'd, 230 F.3d 1363, 2000 WL 1120590 (8th Cir.2000); Schwarz v. Northwest Iowa Cmty. Coll, 881 F.Supp. 1323, 1338 (N.D.Iowa 1995) (test for constructive discharge); Naylor v. Georgia-Pacific Corp., 875 F.Supp. 564, 573 (N.D.Iowa 1995). Because the standards for liability are identical, amendment in this novel situation would not deprive John Morrell of any fair opportunity to present evidence because it defended against those same claims at trial — the fact it defended against the claims under Title VII and not the ICRA is a mere formality that has no bearing on the substance of John Morrell’s defense in this case or on Baker’s theories of recovery. A court’s primary concern on Rule 15(b) motions is possible prejudice to the defendant. E.g., Byrd v. Brandeburg, 922 F.Supp. 60, 65 (N.D.Ohio 1996) (citation omitted). In Byrd v. Brandeburg, 922 F.Supp. 60 (N.D.Ohio 1996), the plaintiffs brought a civil rights action against a Caucasian minor who threw a Molotov cocktail onto the porch of their home. Id. at 62. The plaintiffs also named the minor defendant’s parents as defendants in the case and sought to hold them liable under an Ohio statute that imposed liability on custodial parents. Id. at 65. The statutory provision they cited in their complaint to establish parental liability was different than the provision they cited in their summary judgment motion. Id. The provision in the complaint established liability for a minor’s vandalism, while the provision on summary judgment imposed liability when a minor “willfully damages” the property of another. Id. The Byrd court construed the plaintiffs’ citation in their summary judgment motion as a motion to amend under Rule 15(b). Id. The court allowed the amendment, reasoning, “where the new claim that is added was subsumed in the context of the case and would require no new discovery, where the defendant had a fair opportunity to litigate the issue added, and where the defendant did not object to the insertion of the issue into the proceedings,” amendment is proper. Id. (internal citations omitted). Baker’s case is strikingly similar to the Byrd case because her ICRA claims do not present any new issues but merely a separate statutory provision that provides for recovery under the same set of facts and for the same conduct. For the same reasons the court articulated in its March 17, 2003 Order, John Morrell would not be prejudiced by amendment in this case. Here, of course, the defendant does object to the amendment. Amendment in this case potentially has a significant impact on the amount of damages Baker may be able to receive because the ICRA does not impose a cap on damages. Nevertheless, because of the identical nature of the Title VII and ICRA retaliation and hostile-work-environment claims and because John Morrell would suffer no prejudice by amendment, especially in light of the fact John Morrell labored under the false belief that Title VTI’s damages cap provision did not apply to punitive damages, the court grants Baker’s Motion to Amend Complaint, pursuant to Rule 15(b) of the Federal Rules of Civil Procedure. E. Federal Rule of Civil Procedure 54(c) In addition, Rule 54(c) also authorizes Baker to recover under .Iowa’s civil rights statute in this case. Rule 54(c) provides that, except in cases of judgment by default, “every final judgment shall grant the relief to which the party in whose favor it is rendered is entitled, even if the party has not demanded such relief in his pleadings.” 1. Mandatory nature and purpose of Rule 54(c) “This provision has been liberally construed, leaving no question that it is the court’s duty to grant whatever relief is appropriate in the case on the facts proved.” Robinson v. Lorillard Corp., 444 F.2d 791, 808 (4th Cir.1971); accord Charles Schmitt & Co. v. Barrett, 670 F.2d 802 (8th Cir.1982) (“While Barrett now claims that he did not consent to try that issue, Rule 54(c) nonetheless provides that the trial court may grant the relief to which the prevailing party is entitled, regardless of whether such relief was prayed for in the complaint.”); New Amsterdam Cas. Co. v. Waller, 328 F.2d 20, 25 (4th Cir.1963) (“[A] party’s misconception of the legal theory of his case does not work a forfeiture of his legal rights.”). Rule 54(c) “requires courts to award the relief to which the prevailing party is entitled, even if that party did not request the relief or relied on the wrong statute.” Travis v. Gary Cmty. Mental Health Ctr., 921 F.2d 108, 112 (7th Cir.1990); accord Williamson v. Handy Button Mach. Co., 817 F.2d 1290, 1298 (7th Cir.1987) (“Rule 54(c) was designed to divorce the decision what relief to award from the pleadings and arguments of counsel; the court is to determine, and award, the right relief in each case even if the complaint is silent on the question.”). The theory behind Rule 54(c) is that “the dimensions of a lawsuit are measured by what is pleaded and proven.” Thomas v. Pick Hotels Corp., 224 F.2d 664, 666 (10th Cir.1955); see Minyard Enterps., Inc. v. Southeastern Chem. & Solvent Co., 184 F.3d 373, 386 (4th Cir.1999) (same). Rule 54(c), and the federal rules in general, “evince a belief that when a party has a valid claim, he should recover on it regardless of his counsel’s failure to perceive the true basis of the claim at the pleading stage, provided always that a late shift in the thrust of the case will not prejudice the other party in maintaining his defense on the merits.” 5 Chakles A. Wright, Arthur R. Miller & Mary Kay Kane, Feberal PraotiCe and Prooedure § 1219, at 192-94 (1990) (footnotes omitted). Unlike Rule .15, Rule 54(c) contains no express requirements of consent or lack of prejudice. Nevertheless, it “allows alternative relief only where all factual conclusions necessary for the relief sought have been found by the trier of fact.” Gilbane Bldg. Co. v. Federal Reserve Bank, 80 F.3d 895, 904 (4th Cir.1996) (citing Cioffe v. Morris, 676 F.2d 539, 541 (11th Cir.1982) (“Rule 54(c) creates no entitlement to relief based on issues not squarely presented and litigated at trial.”)). Still, Rule 54(c) is not without its limits. The Court of Appeals for the Fourth Circuit has noted that “[c]ase law has carved out an exception [to the compulsory nature of Rule 54(c) ] where alternative relief would be unfairly prejudicial.” Gilbane, 80 F.3d at 901 n. 2 (citing Albemarle Paper Co. v. Moody, 422 U.S. 405, 424, 95 S.Ct. 2362, 45 L.Ed.2d 280 (1975)); accord Dunkin’ Donuts of Am., Inc. v. Minerva, Inc., 956 F.2d 1566, 1575 (11th Cir.1992) (Clark, J., concurring in part and dissenting in part) (“The only relevant limitation to this rule arises when a failure to ask for a particular relief substantially prejudices the opposing party.”); Stewart v. Furton, 774 F.2d 706, 710 (6th Cir.1985) (“The mandate of Rule 54(c) has been deemed applicable only when there is no prejudice to the defendant as a result of the plaintiffs failure to plead certain relief.”) (citing Albemarle Paper Co., 422 U.S. 405 at 424, 95 S.Ct. 2362, 45 L.Ed.2d 280); Engel v. Teleprompter Corp., 732 F.2d 1238, 1242 (5th Cir.1984) (“[A] party’s failure to seek a form of permissible relief in his pleadings may operate to the prejudice of the opposing party when that relief is finally sought at a much later stage of the proceedings. Denial of relief is then also appropriate.”) (citing International Harvester Credit Corp. v. East Coast Truck, 547 F.2d 888, 891 (5th Cir.1977); Sapp v. Renfroe, 511 F.2d 172, 176 n. 3 (5th Cir.1975)). The Fourth Circuit Court of Appeals has held that one such unfairly prejudicial situation occurs, barring Rule 54(c) relief, when “a substantial increase in the defendant’s potential ultimate liability” would result. Atlantic Purchasers, Inc. v. Aircraft Sales, Inc., 705 F.2d 712, 716 (4th Cir.1983); see Goodman v. Poland, 395 F.Supp. 660, 685 (D.Md.1975) (substantial increase in defendant’s potential ultimate liability can constitute specific prejudice barring additional relief under Rule 54(c)). 2. “Unfairly prejudicial” exception To determine whether relief is appropriate under Rule 54(c), the court must ask two questions: (1) Did Baker plead and prove all allegations supporting her retaliation and harassment claims under the ICRA?; and, if so, (2) did Baker’s failure to expressly demand relief in her complaint pursuant to the ICRA unfairly prejudice John Morrell? See Minyard Enterprises, Inc. v. Southeastern Chemical & Solvent Co., 184 F.3d 373, 386 (4th Cir.1999) (posing proof and prejudice questions to determine if Rule 54(c) relief was available). a. Did Baker prove her ICRA claims? Because standards for liability are identical under Title VII and under the Iowa Civil Rights Act (“ICRA”) in this case, Madison v. IBP, Inc., 257 F.3d 780 (8th Cir.2001), cert. granted, judgment vacated on other grounds, 536 U.S. 919, 122 S.Ct. 2583, 153 L.Ed.2d 773 (2002), there is no question that Baker proved all the essential elements of her state-law harassment and retaliation claims because' the jury found in her favor and against John Morrell on these claims, though brought under Title VII. Moreover, John Morrell had notice of the facts upon which Baker sought relief, which satisfies the lenient requirements of the liberal standards of notice pleading. While her complaint did not expressly plead the ICRA, the factual allegations contained in her complaint served to put John Morrell on notice of the parallel state-law claims for the same reason stated above concerning Baker’s proof of the essential elements of her ICRA claims — the same factual underpinnings support both the federal and state-law claims because the standards for liability are identical. The court, therefore, answers the first question in the affirmative. b. Does the ICRA’s absence of a damages cap unfairly prejudice John Morrell? The answer to the second question is less straight-forward because of the amount of potential damages available under Title VII and the ICRA. The defendant was clearly not prejudiced in its defense of any ICRA claims because of the fact that liability standards mirror those of Title VII. Pertinent to this case, the main distinction between Title VII and the ICRA is the damages cap provision contained in Title VII. For an employer of John Morrell’s size, Title VII limits the damages to $300,000.00, and this cap embraces both compensatory and punitive damages combined. See 42 U.S.C. § 1981a(b)(3). The ICRA, on the other hand, allows no punitive damages, Chauffeurs, Teamsters & Helpers, Local Union No. 238 v. Iowa Civil Rights Comm’n, 394 N.W.2d 375, 382-84 (Iowa 1986), but does not place a cap on the amount of compensatory damages. Moreover, Iowa law provides for pre-judgment interest on backpay and emotional distress awards, Landals v. George A. Rolfes Co., 454 N.W.2d 891, 896 (Iowa 1990), whereas federal law does not. The fighting issue in this case, therefore, is whether the “unfair prejudice” exception to the mandate of Rule 54(c) applies because of the difference in the amount of recoverable damages under Title VII and the ICRA. In Atlantic Purchasers, Inc. v. Aircraft Sales, Inc., 705 F.2d 712 (4th Cir.1983), the Court of Appeals for the Fourth Circuit held that “a substantial increase in the defendant’s potential ultimate liability can constitute specific prejudice barring additional relief under Rule 54(c).” Id. at 716-17 (citing Goodman v. Poland, 395 F.Supp. 660, 685 (D.Md.1975)). In that case, the plaintiff tried its case against the defendant as a fraud and breach-of-express-warranty case. Id. at 714. The plaintiff prevailed at trial, and the jury awarded $31,000.00 in actual damages and $15,000.00 in punitive damages. Id. After the verdict was returned, the plaintiff submitted a claim including attorney’s fees and a trebling of the actual damages pursuant to a North Carolina statute that made deceptive trade practices illegal and entitled a prevailing plaintiff in a private enforcement action to have the damages assessed by the jury trebled. Id. at 715. This post-verdict claim was the plaintiffs first mention of or reference to the North Carolina statute and its trebled damages provision made throughout the entirety of the litigation. Id. The district court denied the plaintiffs request to have the actual damages trebled, and the plaintiff appealed, arguing that it made out a clear case of violation of the North Carolina statute and that, in accordance with Rule 54(c), it was entitled to treble actual damages and to attorney’s fees. Id. The Atlantic Purchasers court agreed with the plaintiffs assertion that, in proving its fraud claim against the defendant, it had also established a violation of the North Carolina statute. Id. at 715-16. Similar to Title VII and the ICRA in this case, proof of one was proof of the other because the elements of a fraud claim in Atlantic Purchasers satisfied the elements of a statutory violation. The court, however, did not allow the North Carolina statutory claim because of the unusual nature of trebled damages and the prejudice to the defendant caused by the plaintiffs failure to notify the defendant of the possibility of such unusual relief. See id. at 717. This lack of notice deprived the defendant and its counsel of “the opportunity to make a ‘realistic appraisal of the case, so that [their] settlement and litigation strategy [could be] based on knowledge and not speculation.’ ” Id. (citing Fed. R. Crv. P. 26(b)(2), Advisory Committee Notes to 1970 amendments). Moreover, the court explained that the defendant was not prejudiced by the mere lack of specific words in the plaintiffs complaint denoting the North Carolina statute. Id. This was so because the defendant was able to defend itself against the plaintiff’s fraud claim, which also established a violation of the statute. Nevertheless, prejudice to the defendant did arise out of the denial of “ ‘illumination ... as to the substantive theory under which [the plaintiff] was proceeding.’ ” Id. (quoting Holt Civic Club v. City of Tuscaloosa, 439 U.S. 60, 66, 99 S.Ct. 383, 58 L.Ed.2d 292 (1978)). In Atlantic Purchasers, the plaintiffs request for trebled actual damages was truly a change in its substantive theory of recovery because it would not be entitled to both compensatory damages on a common law contract theory and a statutory treble damages award. Id. at 716 n. 2. Furthermore, the court doubted that North Carolina courts would uphold a punitive damages award on the plaintiffs fraud claim along with trebled damages for the statutory violation. Id. Thus, the plaintiff in Atlantic Purchasers was never entitled to all the remedies available to it as a matter of law. It had to make a choice between its common law remedies and the statutory violation theory. See id. at 717. The court characterized this choice as “makfing] its legal bed,” and by refusing Rule 54(c) relief, the district court did no more than “requir[e] that [the plaintiff] lie in it.” Id. Baker’s case is easily distinguishable. First, the ICRA does not provide for any “unusual remedies.” The remedies available under the ICRA are as normal as blueberry pie. Ordinarily, prevailing plaintiffs are entitled to damages that compensate them for the injuries they seek to redress. Id. (citing 5 ChaRles A. "Wright, Arthur R. Miller & Mary Kay Kane, Federal PRACTICE & PROCEDURE § 1310 (1969)). The North Carolina statute at issue in Atlantic Purchasers created an unusual remedy that went beyond compensating the plaintiff and was intended to punish the defendant for its conduct. See id. This punitive function of treble damages makes them unusual. See id. Here, the ICRA does not create any unusual remedies but instead provides only for compensatory and emotional distress damages. Second, the compensatory damages that are available to prevailing ICRA plaintiffs are identical to those available to prevailing Title VII plaintiffs. Thus, unlike the North Carolina statute in Atlantic Purchasers, the ICRA and Title VII allow for the same kind of compensatory relief, none of which is unusual. Because the type of compensatory relief available under Title VII and the ICRA are the same, civil rights plaintiffs are not required to choose one theory over the other. The remedies are not inconsistent but rather complement each other. Unlike the North Carolina statute, civil rights plaintiffs are not required to choose between enforcing their rights under either federal or state law. Instead, in enacting Title VII, Congress expressly intended that civil rights plaintiffs remain free to enforce their rights under state law because Title VII establishes a floor, not a ceiling, and states are free to grant more protection than federal law provides. See 42 U.S.C. § 2000e-7 (nothing in Title VII “shall be deemed to exempt or reheve any person from any liability, duty, penalty, or punishment provided by any present or future law of any State.”); Martini v. Federal Nat’l Mortgage Ass’n, 178 F.3d 1336, 1349-50 (D.C.Cir.1999) (reasoning that, if courts were not