McDowell v. Massey Auto
Filing
101
ORDER denying 92 Motion for New Trial, as further set out in order. Signed by Honorable Judge Myron H. Thompson on 9/25/17. (Attachments: # 1 civil appeals checklist) (djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JAMES McDOWELL,
)
)
)
)
)
)
)
)
)
Plaintiff,
v.
MASSEY AUTOMOTIVE, INC.,
Defendant.
CIVIL ACTION NO.
2:16cv003-MHT
(WO)
ORDER
It is ORDERED that plaintiff’s motion for new trial
(doc. no. 92) is denied.
The Age Discrimination in Employment Act provides,
in relevant part, that, “It shall be unlawful for an
employer ... to fail or refuse to hire or to discharge
any individual or otherwise discriminate against any
individual
conditions,
such
with
or
respect
to
privileges
individual’s
(emphasis added).
age.”
his
of
compensation,
employment,
29
U.S.C.
terms,
because
§
of
623(a)(1)
Similarly in Gross v. FBL Financial
Services, Inc., 557 U.S. 167, 176 (2009), the Supreme
Court held that the standard was “because of,” that is,
“but for.”
This court, therefore, properly gave the
Eleventh Circuit Pattern Jury Instruction which tracks
the
language
of
the
“because of” standard.
statute
exactly
and
uses
the
Nothing more was needed.
DONE, this the 25th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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