Ernster v. Luxco, Inc., 09-1200
In an age discrimination action under federal and state law, judgment for defendant is affirmed where: 1) the district court's instruction, taken as a whole in light of the evidence and the Darden standard, fairly and adequately submitted the issue to the jury of whether plaintiff was an employee or an independent contractor; and 2) a reasonable jury could have found that plaintiff was an independent contractor.
- Submitted 10/21/2009
- Decided 02/23/2010
- Published 02/23/2010
- LOKEN, Chief Judge., Before LOKEN, Chief Judge, MURPHY and BYE, Circuit Judges.
- United States Eighth Circuit
- For Appellant:
- Mark D. Sherinian, Sherinian & Walker, West Des Moines, IA, for Plaintiff-Appellant.
- For Appellees:
- Frank Boyd Harty, Debra Lynne Hulett, Nyemaster & Goode, Des Moines, IA, for Defendant-Appellee.