Murphy v. American Motors Sales Corp.

Fifth Circuit

Murphy v. American Motors Sales Corp.

570 F.2d 1226, 17 Fair Empl. Prac. Cas. (BNA) 180, 1978 U.S. App. LEXIS 11864, 16 Empl. Prac. Dec. (CCH) 8212

CourtCourt of Appeals for the Fifth Circuit

DecidedApril 4, 1978

DocketNos. 76-2718 and 76-2772

StatusPublished

Cited by9 cases

This text of 570 F.2d 1226 (Murphy v. American Motors Sales Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Murphy v. American Motors Sales Corp., 570 F.2d 1226, 17 Fair Empl. Prac. Cas. (BNA) 180, 1978 U.S. App. LEXIS 11864, 16 Empl. Prac. Dec. (CCH) 8212 (5th Cir. 1978).

Pincite

Opinion

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. Co., 559 F.2d 1036 (5th Cir. 1977), we definitively held that punitive damages are not recoverable in a private action brought under ADEA.

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).

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.

AFFIRMED IN PART.

REVERSED AND REMANDED IN PART.

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