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eBook details

• Title: Graefenhain v. Pabst Brewing Co.
• Author : United States Court of Appeals for the Seventh Circuit
• Release Date : January 26, 1987
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Before FLAUM and EASTERBROOK, Circuit Judges, and WILL, Senior District Judge.* WILL, Senior District Judge This is an appear from a judgment n.o.v. in a suit brought under the Age Discrimination in Employment Act (""ADEA""), 29 U.S.C. § 621 et seq. The plaintiffs, Gunther Graefenhain and Philip Miller, sued Pabst Brewing Co. (""Pabst"") for age discrimination.1 The jury found that Pabst had willfully discriminated against both Graefenhain and Miller by terminating them on the basis of age. Following a separate trial for damages, the district court found the jury verdict unsupportable and granted Pabst's motion for a judgment n.o.v. The questions presented on this appeal are (1) whether the district court applied proper legal precepts in refusing to consider evidence of plaintiffs' superior performance as proof of pretext; (2) whether the district court misapplied the judgment n.o.v. standard by failing to view plaintiffs' evidence in its totality; and (3) whether substantial evidence supports the jury's verdict. After carefully examining the entire record in this case, we conclude that the exacting standards for granting a losing party's motion to overcome a jury verdict were not satisfied here. We therefore reverse and remand for reinstatement of the jury verdict and for reconsideration of plaintiffs' previously pending motion to amend the original judgment to award ""front pay damages.""

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