McDowell v. Massey Auto
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
MASSEY AUTOMOTIVE, INC.,
CIVIL ACTION NO.
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
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,
This court, therefore, properly gave the
Eleventh Circuit Pattern Jury Instruction which tracks
“because of” standard.
Nothing more was needed.
DONE, this the 25th day of September, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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