Dolen E. Lindsey, Cross-Appellee v. American Cast Iron Pipe Company, Cross-Appellant

810 F.2d 1094, 1987 U.S. App. LEXIS 2442, 42 Empl. Prac. Dec. (CCH) 36,945, 43 Fair Empl. Prac. Cas. (BNA) 143
CourtCourt of Appeals for the Eleventh Circuit
DecidedFebruary 24, 1987
Docket86-7198
StatusPublished
Cited by94 cases

This text of 810 F.2d 1094 (Dolen E. Lindsey, Cross-Appellee v. American Cast Iron Pipe Company, Cross-Appellant) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dolen E. Lindsey, Cross-Appellee v. American Cast Iron Pipe Company, Cross-Appellant, 810 F.2d 1094, 1987 U.S. App. LEXIS 2442, 42 Empl. Prac. Dec. (CCH) 36,945, 43 Fair Empl. Prac. Cas. (BNA) 143 (11th Cir. 1987).

Opinions

SWYGERT, Senior Circuit Judge:

In a return visit to this court, Dolen Lindsey appeals the district court’s denial of his claim for liquidated damages in this age discrimination suit. Lindsey’s employer, American Cast Iron Pipe Company (ACIPCO), cross-appeals from the district court’s award of prejudgment interest to Lindsey. We believe that the Supreme Court’s opinion in Trans World Airlines, Inc. v. Thurston, 469 U.S. Ill, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985), supports both an award for liquidated damages and prejudgment interest in this case. Therefore, we reverse the denial of liquidated damages and affirm the prejudgment interest award.

Lindsey sued ACIPCO for violating the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-34. He alleged that ACIPCO had refused to promote him to assistant manager of its data processing department because of his age. The jury returned a verdict for Lindsey, but the district court granted ACIPCO’s motion for judgment notwithstanding the verdict. On the initial appeal, this court reversed the district court, reinstated the jury verdict, and remanded the case for entry of judgment. Lindsey v. American Cast Iron Pipe Co., 772 F.2d 799, 802 (11th Cir.1985) (Lindsey I). The district court reinstated the jury verdict and awarded Lindsey back-pay with interest and injunctive relief, but it denied Lindsey liquidated damages.

I

Section 7(b) of the ADEA, 29 U.S.C. § 626(b), provides for liquidated damage awards when an employer “willfully” violates the Act. In Trans World Airlines v. Thurston, 469 U.S. Ill, 105 S.Ct. 613, 83 L.Ed.2d 523 (1985), the Supreme Court held that an' ADEA violation is willful if “the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA.” Id. at 128-29, 105 S.Ct. at 625.

At trial, Lindsey presented evidence that demonstrated that when he asked about the promotion, ACIPCO’s Vice President of Finance and Treasurer John Foshee said that “the company would be looking for a person younger than Lindsey.” Lindsey I, 772 F.2d at 801. ACIPCO countered with evidence that it refused to promote Lindsey for legitimate nondiscriminatory reasons. Id. The jury, however, rejected ACIPCO’s reasons as mere pretext1 and credited [1097]*1097Lindsey’s account. Id. at 802. The jury accordingly found that ACIPCO had intentionally discriminated against Lindsey because of his age. On the first appeal, this court held that substantial evidence supported the jury’s finding. Id. at 801-02. In addition, the defendant admitted at trial that it knew that the ADEA prohibited employers from considering an employee’s age in making employment decisions. Thus, in Lindsey I, this court reversed the district court’s entry of judgment notwithstanding the verdict and reinstated the jury’s verdict.

On remand, neither the plaintiff nor the defendant presented additional evidence on the willfulness issue. The district court then decided the issue, applying the Thurston “knowing or reckless disregard” standard. In deciding the issue, the district court relied upon ACIPCO’s proffered nondiscriminatory reasons for not promoting Lindsey.2 ACIPCO argues that Lindsey waived his right to a jury trial on the liquidated damages issue and that it was proper for the district court to decide the willfulness issue on remand.3

We need not decide whether Lindsey waived his right to a jury trial on that issue because even assuming that he did, the district court should not have denied liquidated damages. The court was not at liberty to make findings that conflicted with the jury’s findings. When some issues are tried to the jury and some to the court, the jury issues generally should be heard first. Otherwise, collateral estoppel or res judiciata could apply and deprive [1098]*1098litigants of their jury trial rights. See, e.g., Beacon Theatres, Inc. v. Westover, 359 U.S. 500, 508-09, 79 S.Ct. 948, 955, 3 L.Ed.2d 988 (1959). This principle extends to the instant case, in which the jury tried the liability issue and the court tried the damages issue. Once a jury has necessarily or actually decided an issue, the district court may not reconsider it. Moreover, “[i]t is well-settled that the ‘court may not make findings’ contrary to or inconsistent with the jury’s resolution ... of that same issue as implicitly reflected in its general verdict____” Craft v. Board of Trustees of the University of Illinois, 793 F.2d 140, 143 (7th Cir.), cert. denied, — U.S.-, 107 S.Ct. 110, 93 L.Ed.2d 59 (1986) (quoting Ohio-Sealy Mattress Mfg. Co. v. Sealy, Inc., 585 F.2d 821, 844 (7th Cir.1978), cert. denied, 440 U.S. 930, 99 S.Ct. 1267, 59 L.Ed.2d 486 (1979)).

The district court here erred as a matter of law by redeciding factual issues already necessarily determined by the jury.4 Because the jury rejected ACIPCO’s reasons for its actions as pretext for age discrimination, the court was not free to resurrect those same reasons to prove ACIPCO’s “good faith.”

In addition, by entering new findings of fact that are inconsistent with our decision in Lindsey I, the district court circumvented the law of the case and exceeded the mandate that issued from that decision. This court reinstated the jury verdict, and the jury’s fact findings became part of our mandate.

Under the law of the case doctrine, a district court may not deviate from the appellate court’s mandate. See, e.g., Wheeler v. City of Pleasant Grove, 746 F.2d 1437, 1440 (11th Cir.1984); City of Cleveland v. Federal Power Comm’n, 561 F.2d 344, 348 (D.C.Cir.1977); see also IB J. Moore, J. Lucas & T. Currier, Moore’s Federal Practice 110.404[10] (2d ed. 1983). A district court, however, may reconsider an issue and disregard the appellate mandate when “(1) a subsequent trial produces substantially different evidence, (2) controlling authority has since made a contrary decision of law applicable to that issue, or (3) the prior decision was clearly erroneous and would work manifest injustice.” Wheeler, 746 F.2d at 1440 (quoting United States v. Robinson, 690 F.2d 869, 872 (11th Cir.1982)).

The district court here could not circumvent the general law of the case principle, notwithstanding the fact that the Supreme Court opinion in Thurston changed the legal standard for determining whether to award liquidated damages. The Court decided Thurston after the district court initially tried this case. The decision did not alter the facts already determined by the jury. While the district court could have empanelled a new jury or heard additional evidence on its own, it did not do so and neither of the parties offered additional evidence on the willfulness issue. [1099]*1099Instead, the court applied the Thurston

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810 F.2d 1094, 1987 U.S. App. LEXIS 2442, 42 Empl. Prac. Dec. (CCH) 36,945, 43 Fair Empl. Prac. Cas. (BNA) 143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dolen-e-lindsey-cross-appellee-v-american-cast-iron-pipe-company-ca11-1987.