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Criminal and Employment Law Matters

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By FindLaw Staff on February 24, 2010 10:08 AM

The Eleventh Circuit decided two employment cases and one criminal sentencing matter.

Mora v. Jackson Mem. Found., Inc., No. 08-16113, was an an Age Discrimination in Employment Act action in which the district court granted summary judgment for defendant.  The Eleventh Circuit vacated the judgment, holding that a reasonable juror could accept that plaintiff's supervisor made discriminatory-sounding remarks and that the remarks were sufficient evidence of a discriminatory motive which was the "but for" cause of plaintiff's dismissal.

Brown v. Ala. Dep't of Trans., No. 08-14371, was a Title VII action alleging a racially discriminatory failure to promote plaintiff.  The court of appeals affirmed the judgment for plaintiff in part, holding that there was ample evidence of racial discrimination specific to three of the promotions at issue, suggesting that defendant's proffered reasons were pretextual.  However, the court reversed in part on the grounds that 1) the evidence was insufficient to support a finding of discrimination or retaliation as to the remaining six promotions; 2) the jury's backpay award was plainly a cumulative figure reflecting each of the promotions, and thus a remand for recalculation was required; and 3) clarification was also required as to a portion of a permanent injunction requiring that plaintiff be instated to a "comparable position" pending her promotion.

In US v. Phillips, No. 08-17248, the court of appeals vacated defendant's drug and firearm possession sentence, holding that the district court on January 26, 2009 did not have jurisdiction after seven days had passed to modify and vacate defendant's 324-month sentence imposed on December 5, 2008.

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