HENRY H. MURPHY, PLAINTIFF-APPELLEE,
v.
AMERICAN MOTORS SALES CORPORATION, DEFENDANT-APPELLANT; JERRY S. WILSON, PLAINTIFF-APPELLEE, V. AMERICAN MOTORS SALES CORPORATION, DEFENDANT-APPELLANT
HENRY H. MURPHY, PLAINTIFF-APPELLEE,
AMERICAN MOTORS SALES CORPORATION, DEFENDANT-APPELLANT; JERRY S. WILSON, PLAINTIFF-APPELLEE, V. AMERICAN MOTORS SALES CORPORATION, DEFENDANT-APPELLANT
570 F.2d 1226
Court of Appeals for the Fifth Circuit (1978)
Positive Treatment
Cited by 4 cases
Topics
Lost Wages
Jury Trial
Age Discrimination In Employment Act Of 1967
Age Discrimination In Employment Act (Adea)
Explore caselaw by topic → Browse Lost Wages cases and more on FLexlaw
Opinion of the Court
PER CURIAM:
American Motors Sales Corporation has brought this interlocutory appeal from the trial court’s ruling that an individual who brings a private action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (ADEA), is entitled to recover punitive damages and to a trial by jury.
In Dean v. American Sec. Ins. Co., 559 F. 2d 1036 (5th Cir. 1977), we definitively held that punitive damages are not recoverable in a private action brought under ADEA. It is now settled that in such an action a trial by jury on a claim for lost wages is available where sought by one of the parties. Lorillard v. Pons, - U.S. -, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978).
The trial court’s order overruling appellant’s motion to strike the jury demand is affirmed; its order overruling appellant’s motion to strike the prayer for punitive damages is reversed.
AFFIRMED IN PART.
REVERSED AND REMANDED IN PART.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Equal Emp. Opportunity Comm'n v. Corry Jamestown Corp., 719 F.2d 1219 (3d Cir. 1983)
-
Ford v. Gen. Motors Corp., 656 F.2d 117 (5th Cir. 1981)
Authorities Cited
- Lorillard v. Pons, 434 U.S. 575 (U.S. 1978)
- Dean v. Am. Sec. Ins. Co., 559 F.2d 1036 (5th Cir. 1977)