United States Fifth Circuit

In an employee's suit alleging race and sex discrimination, retaliation, and violation of the Equal Pay Act, judgment for defendant and denial of a new trial motion are affirmed where: 1) defendant was entitled to summary judgment on a constructive-discharge claim; 2) there was no reversible error in several challenged evidentiary rulings; 3) a "same actor" jury instruction was a correct statement of the law; and 4) there was sufficient evidence to support the jury's verdict. Award of attorney's fees is reversed as the award was improperly calculated and defendant was not entitled to attorney's fees.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

• CARL E. STEWART, Circuit Judge:, Before HIGGINBOTHAM, STEWART and SOUTHWICK, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kim Turner Chaze (argued), Hattiesburg, MS, for Stover.


• For Appellees:
  
• Holmes S. Adams (argued), John Simon Hooks, Adams & Reese, Jackson, MS, for Defendant-Appellee.