United States Eighth Circuit

In an Age Discrimination in Employment Act (ADEA) action claiming that defendant demoted plaintiff because of his age, judgment for plaintiff is reversed where the burden of persuasion should not have been shifted to the defendant in this ADEA case considering that plaintiff never set forth any direct evidence of age discrimination, and the jury instruction at issue impermissibly shifted the burden in such a manner.

Appellate Information

• Decided 11/30/2009
• Published 11/30/2009

Judges

• COLLOTON, Circuit Judge., Before MELLOY, COLLOTON, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Frank B. Harty, Debra L. Hulett, Des Moines, IA, for appellant.


• For Appellees:
  
• Michael J. Caroll, Des Moines, IA, Beth Townsend, West Des Moines, IA, for appellee.