ANDERSON

v.

UNITED STATES

Citator

Cited By

• Frank E. & Mildred E. Rickel v. Commissioner of Internal Revenue, 900 F.2d 655 (3d Cir. 1990)
  …e. Furthermore, at least one court has characterized liquidated damages under the ADEA as punitive. Kelly v. American Standard, Inc., 640 F. 2d 974, 979 (9th Cir.1981). Cf. Dreyer v. ARCO Chem. Co., 801 F. 2d 651, 657-58 (3d Cir.1986), cert. denied, 480 U.S. 906, 107 S.Ct. 1348, 94 L.Ed.2d 519 (1987) (looking to general punitive damage principles to determine the meaning of “willfulness” in the context of disparate treatment in a discrete employment situation). Moreover, it was not unreasonable for the Com…
• Lockhart v. Westinghouse Credit Corp., 879 F.2d 43 (3d Cir. 1989)
  …l. Richfield Co., 801 F. 2d 651, 653 n. 2 (3d Cir.1986) (no reversible error since “the district court specifically and repeatedly instructed the jury that it must find that age was a determinative factor in the plaintiffs discharge”), cert. denied, 480 U.S. 906, 107 S.Ct. 1348, 94 L.Ed.2d 519 (1987); Mitroff v. Xomox Corp., 797 F. 2d 271, 278 (6th Cir.1986) (instruction as a whole was proper since the court twice stated that burden of proof was on the plaintiff). While we have recognized that there were m…

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• Burlew v. Eaton Corp., 869 F.2d 1063 (7th Cir. 1989)
  …idual. See, e.g., Cooper v. Asplundh Tree Expert Co., 836 F. 2d 1544, 1548-52 (10th Cir.1988); Lindsey v. American Cast Iron Pipe Co., 810 F. 2d 1094, 1099 (11th Cir.1987); Dreyer v. Arco Chemical Co., 801 F. 2d 651, 656 (3d Cir.1986), cert. denied, 480 U.S. 906, 107 S.Ct. 1348, 94 L.Ed. 2d 519 (1987). The reasons for the difficulty are as follows. In a Thurston-type case, the factfinder can determine whether the plan or policy at issue is discriminatory without any inquiry into the defendant’s state of min…