Victor R. Ziegler, Sr. v. Sally Jewell

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Diana E. Murphy and Kermit E. Bye (UNPUBLISHED) [4366436] [15-2181]

United States Court of Appeals
For the Eighth Circuit
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No. 15-2181
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Victor R. Ziegler, Sr.
lllllllllllllllllllll Plaintiff - Appellant
v.
Sally Jewell, Secretary Department of the Interior
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the District of South Dakota - Sioux Falls
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Submitted: February 4, 2016
Filed: February 12, 2016
[Unpublished]
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Before LOKEN, MURPHY, and BYE, Circuit Judges.
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PER CURIAM.
Victor R. Ziegler, Sr., appeals the district court’s1 order, following a bench
trial, finding that the Department of Interior met its burden of proving that its
1

The Honorable Lawrence L. Piersol, United States District Judge for the
District of South Dakota.

Appellate Case: 15-2181

Page: 1

Date Filed: 02/12/2016 Entry ID: 4366436

settlement agreement with Ziegler was obtained in compliance with the applicable
provisions of the Older Workers Benefit Protection Act (OWBPA). Having reviewed
the district court’s legal conclusions de novo, and its factual findings for clear error,
see Stonebridge Collection, Inc. v. Carmichael, 791 F.3d 811, 817 (8th Cir. 2015), we
agree that the evidence showed Ziegler’s waiver of his claims under the Age
Discrimination in Employment Act was knowing and voluntary, and thus valid, as the
settlement agreement, at a minimum, met the applicable requirements under 29
U.S.C.§ 626(f), see Parsons v. Pioneer Seed Hi-Bred Int’l, Inc., 447 F.3d 1102, 1104
(8th Cir. 2006) (discussing protections under OWBPA). The judgment of the district
court is affirmed. See 8th Cir. R. 47B.
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Appellate Case: 15-2181

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Date Filed: 02/12/2016 Entry ID: 4366436