Murphy v. American Motors Sales Corp.
Murphy v. American Motors Sales Corp.
Opinion of the Court
American Motors Sales Corporation has brought this interlocutory appeal from the trial court’s ruling that an individual who brings a private action under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (ADEA), is entitled to recover punitive damages and to a trial by jury.
In Dean v. American Sec. Ins. Co., 559 F.2d 1036 (5th Cir. 1977), we definitively held that punitive damages are not recoverable in a private action brought under ADEA.
It is now settled that in such an action a trial by jury on a claim for lost wages is available where sought by one of the parties. Lorillard v. Pons, - U.S. -, 98 S.Ct. 866, 55 L.Ed.2d 40 (1978).
The trial court’s order overruling appellant’s motion to strike the jury demand is affirmed; its order overruling appellant’s motion to strike the prayer for punitive damages is reversed.
AFFIRMED IN PART.
REVERSED AND REMANDED IN PART.
Reference
- Full Case Name
- Henry H. MURPHY v. AMERICAN MOTORS SALES CORPORATION, Defendant-Appellant Jerry S. WILSON v. AMERICAN MOTORS SALES CORPORATION
- Cited By
- 9 cases
- Status
- Published