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eBook details

• Title: Miller v. Eby Realty Group Llc
• Author : Arizona Supreme Court
• Release Date : January 25, 2005
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 70 KB

Description

Plaintiff-Appellee Richard Miller sued his former employer Defendant-Appellant Eby Realty Group, LLC, ("Eby"), the successor in interest to Eby Management Company, Inc. ("EMC"), alleging unlawful age discrimination and retaliation under the Age Discrimination in Employment Act ("ADEA"), 29 U.S.C. §§ 621-634, and breach of contract. The case was tried to a jury, which returned a verdict for Mr. Miller finding that (1) Eby illegally discriminated against Mr. Miller based on his age, (2) the discrimination was willful, and (3) Eby breached its employment contract with Mr. Miller. The jury awarded $222,087 for the age discrimination claim and $10,000 for the breach of contract claim. The court further awarded liquidated damages based on the jurys finding of willfulness in the amount of $222,087, $278,316 for front pay, $51,000 for attorneys fees, and $4,880.72 in costs, for a total judgment of $788,370.72. On appeal, Eby makes three arguments: (1) the evidence was insufficient to support a finding of age discrimination, (2) the district court erred in instructing the jury, and (3) the district court erred in excluding evidence offered by Eby. Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

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