United States Eighth Circuit

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

• 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.