Robinson v. First State Community Action Agency

Filing 65

MEMORANDUM ORDER: The parties should meet and confer to discuss how to manage presentation of after-acquired evidence and be prepared to discuss the issue Monday morning (see Memorandum Order for further details). Signed by Judge Richard G. Andrews on 12/2/2016. (nms)

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE

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TAMRA ROBINSON,

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Plaintiff,
No. 14-cv-1205 (RGA)

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FIRST STATE COMMUNITY ACTION AGENCY,

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Defendant.

MEMORANDUM ORDER

In the proposed jury instructions, Defendant suggests it will proffer evidence of

wrongdoing on Plaintiffs part, which evidence was acquired by Defendant after Plaintiff
was terminated. Defendant argues it would have terminated Plaintiff once it learned of this
wrongdoing. After-acquired evidence is relevant to how much back pay should be awarded.

McKennon v. Nashville Banner Pub. Co., 513 U.S. 352, 362 (1995). After-acquired evidence
is not, however, relevant to the issue of liability.
Back pay is an equitable issue for the Court, Spencer v. Walmart Stores Inc., 469
F.3d 311, 315 (3d Cir. 2006), while liability is a jury issue. As such, after-acquired evidence
of Plaintiffs wrongdoing should not be presented to the jury. See Mardell v. Harleysville

Life Ins. Co., 65 F.3d 1072, 1073 (3d Cir. 1995). The parties should meet and confer to
discuss how to manage presentation of after-acquired evidence and be prepared to discuss

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the issue Monday morning.
IT IS SO ORDERED this

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United States

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