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, )

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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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