Carver v. Holder, 09-35084
In an action to enforce the EEOC's determination that the Department of Justice (DOJ) discriminated against plaintiff based on his age, claiming that plaintiff was entitled to more relief than the district court previously awarded him, summary judgment for defendant is affirmed on the ground that plaintiff could not parse his action to increase the remedy without relitigating the liability issue in pursuing his claim in federal court.
- Argued 01/14/2010
- Submitted 01/14/2010
- Decided 05/27/2010
- Published 05/27/2010
Before ANDREWJ. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.
United States Ninth Circuit
John C. Carver (argued); Judith A. Lonnquist, Law Offices of Judith A. Lonnquist, P.S., Seattle, WA, for the plaintiff-appellant.
Marion J. Mittet (argued), Helen J. Brunner, United States Attorney's Office, Seattle, WA; Jeffrey C. Sullivan, United States Attorney, for the defendants-appellees.