(DOWNLOAD) "Coston v. Plitt Theatres Inc." by United States Court of Appeals for the Seventh Circuit * eBook PDF Kindle ePub Free
eBook details
- Title: Coston v. Plitt Theatres Inc.
- Author : United States Court of Appeals for the Seventh Circuit
- Release Date : January 26, 1988
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
ESCHBACH, Senior Circuit Judge. On September 23, 1987, we entered our opinion and judgment in Coston v. Plitt Theatres, Inc., 831 F.2d 1321 (7th Cir. 1987), an action brought under the Age Discrimination in Employment Act (""ADEA""). We affirmed the district court's judgment on all issues except the method of calculating liquidated damages. The Supreme Court of the United States, on April 18, 1988, denied plaintiff Sam T. Coston's petition for writ of certiorari which sought review of the method of calculating liquidated damages. 485 U.S. 1007, 108 S. Ct. 1471, 99 L. Ed. 2d 700 (1988). Subsequently, on May 23, 1988, the United States Supreme Court granted defendant's, Plitt Theatres, Inc. (""Plitt""), separate petition for certiorari, and vacated the judgment of this court. 486 U.S. 1020, 108 S. Ct. 1990, 100 L. Ed. 2d 223 (1988). The second petition sought review of the jury instruction on willfulness and of the reasons offered for the dismissal of the plaintiff. The case was remanded to us for additional consideration in light of McLaughlin v. Richland Shoe Co., 486 U.S. 128, 108 S. Ct. 1677, 100 L. Ed. 2d 115 (1988). On reconsideration, we vacate the jury's award of liquidated damages and remand for retrial in the district court on the issue of whether Plitt willfully violated Γ§ 7(b) of the ADEA, 29 U.S.C. Γ§ 626(b), when it fired plaintiff Sam T. Coston. In addition, since Coston is no longer the ""prevailing party"" as to all issues appealed, we vacate the award of attorney's fees for redetermination at the conclusion of the new trial.