Opinion · Court of Appeals for the Fifth Circuit
Murphy v. American Motors Sales Corp.
570 F.2d 1226
- Type
- Opinion
- Court
- Court of Appeals for the Fifth Circuit
- Jurisdiction
- Federal
- Date
- 1978-04-04
- Topic
- general
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.
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MURPHY v. AMERICAN MOTORS SALES CORPORATION,570 F.2d 1226(5th Cir. 1978)
HENRY H. MURPHY, PLAINTIFF-APPELLEE, v. AMERICAN MOTORS SALES CORPORATION,
DEFENDANT-APPELLANT.
JERRY S. WILSON, PLAINTIFF-APPELLEE, v. AMERICAN MOTORS SALES CORPORATION,
DEFENDANT-APPELLANT.
Nos. 76-2718 and 76-2772.
United States Court of Appeals, Fifth Circuit.
April 4, 1978.
Vincent W. Roses, Jr., L. Burke Lewis, Atlanta, Ga., for plaintiffs-appellees.
Robert E. Williams, Washington, D.C., for amicus curiae Equal Employment Advisory Council.
Before AINSWORTH and MORGAN, Circuit Judges, and LYNNE, District Judge.fn*
[2] InDean 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.
[3] 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).
[4] 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.
[5] AFFIRMED IN PART.
[6] REVERSED AND REMANDED IN PART.
- Senior District Judge of the Northern District of Alabama, sitting by designation. ↩