United States Second Circuit

When a plaintiff presents evidence that age was a factor in his firing and the defendant responds with credible evidence of lawful motivations, the trial judge may instruct the jury on a mixed-motive defense even if defendant did not plead mixed motive as an affirmative defense in its answer.

Appellate Information

• Argued 03/02/2000
• Decided 02/28/2001
• Published 02/28/2001

Judges

• LEVAL, Circuit Judge:, Before: OAKES, LEVAL and SACK, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David E. Peebles, Hancock & Estabrook, LLP, Syracuse, NY, for Plaintiff-Appellant.


• For Appellees:
  
• Debbie Moore, Syracuse, NY (Carter H. Strickland, Mackenzie, Smith, Lewis, Michell & Hughes, LLP, on the brief) for Defendants-Appellees.