United States Tenth Circuit

In a suit against a former employer alleging unlawful discrimination on the basis of age in violation of the Age Discrimination in Employment Act (ADEA) during a company-wide reduction in force (RIF), denial of a motion for new trial after a jury verdict for defendant is reversed where the district court abused its discretion in excluding testimonial evidence from other former employees who alleged similar discrimination during the same RIF.

Appellate Information

• Decided 11/02/2006
• Published 11/02/2006

Judges

• BALDOCK, Circuit Judge., Before BRISCOE, BALDOCK, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Dennis E. Egan of The Popham Law Firm, P.C., Kansas City, MO, for Plaintiff-Appellant.


• For Appellees:
  
• Mark G. Arnold (John J. Yates of Husch & Eppenberger, LLC, Kansas City, Missouri and Christine F. Miller, with him on the brief), of Husch & Eppenberger, LLC, St. Louis, MO, for Defendant-Appellee.