United States Ninth Circuit

In an action to enforce the EEOC's determination that the Department of Justice (DOJ) discriminated against plaintiff based on his age, claiming that plaintiff was entitled to more relief than the district court previously awarded him, summary judgment for defendant is affirmed on the ground that plaintiff could not parse his action to increase the remedy without relitigating the liability issue in pursuing his claim in federal court.

Appellate Information

• Argued 01/14/2010
• Decided 05/27/2010
• Published 05/27/2010

Judges

• Before ANDREWJ. KLEINFELD, A. WALLACE TASHIMA, and RICHARD C. TALLMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John C. Carver (argued); Judith A. Lonnquist, Law Offices of Judith A. Lonnquist, P.S., Seattle, WA, for the plaintiff-appellant.


• For Appellees:
  
• Marion J. Mittet (argued), Helen J. Brunner, United States Attorney's Office, Seattle, WA; Jeffrey C. Sullivan, United States Attorney, for the defendants-appellees.