Friday, May 03, 2013

Fifth Circuit -- Richard Miller v. Raytheon Company (5/2)

Age-Discrimination JMOL

Although each element fell short, considered as a whole, the jury could reasonably have found for the plaintiff.

Discrimination in rehiring suffices for the willfulness requirement of ADEA.

Judgment for pension enhancement needs to be restated as for front pay so as not to be a speculative future harm.

Insufficient evidence for mental anguish 1M.

Single injury claim under federal and state statute is only entitled to one recovery.

Damage cap, fees, prejudgment interest claims addressed.

Richard Miller v. Raytheon Company
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.