United States Eighth Circuit

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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.

Appellate Information

  • Submitted 10/21/2009
  • Decided 02/23/2010
  • Published 02/23/2010

Judges

  • LOKEN, Chief Judge., Before LOKEN, Chief Judge, MURPHY and BYE, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • 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.