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,

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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