Tramp v. Associated Underwriters, Inc.

Filing 152

MEMORANDUM AND ORDER denying Defendant's Motion Renewing its Prior Motions for Direct[ed] Verdict and Vacating the Jury Verdict or in the Alternative for a New Trial, Filing No. 138 . Ordered by Chief Judge Laurie Smith Camp. (KMG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MARJORIE TRAMP,
Plaintiff,

8:11CV371

vs.
MEMORANDUM AND ORDER
ASSOCIATED UNDERWRITERS, INC.,
Defendant.

This matter is before the Court on the Defendant’s Motion Renewing its Prior
Motions for Direct[ed] Verdict and Vacating the Jury Verdict or in the Alternative for a
New Trial (Filing No. 138).
The Court concludes that there was sufficient evidence presented at trial from
which a reasonable jury could conclude that Plaintiff Marjorie Tramp met her burden of
presenting a prima facie case of retaliation, including conduct protected by the Age
Discrimination in Employment Act (“ADEA”) (29 U.S.C. § 621, et seq.) and a causal link
between such conduct and an adverse employment action. The Court also concludes
that a new trial is not warranted to avoid a miscarriage of justice. See Keenan v.
Computer Assocs. Int'l, Inc., 13 F.3d 1266, 1269 (8th Cir.1994). Accordingly, the
Defendant’s Renewed Motion for Directed Verdict pursuant to Fed. R. Civ. P. 50, and
Motion for New Trial pursuant to Fed. R. Civ. P. 59, will be denied.
IT IS ORDERED:
Defendant’s Motion Renewing its Prior Motions for Direct[ed] Verdict and
Vacating the Jury Verdict or in the Alternative for a New Trial (Filing No. 138) is denied.
Dated this 19th day of August, 2015.
BY THE COURT:
s/Laurie Smith Camp
Chief United States District Judge