U.S. Court of Appeals for the Fifth Circuit, 1994

West v. Resolution Trust Co.

West v. Resolution Trust Co.
U.S. Court of Appeals for the Fifth Circuit · Decided May 20, 1994 · Demoss, Garza, Higginbotham
22 F.3d 99; 1994 U.S. App. LEXIS 11305; 64 Fair Empl. Prac. Cas. (BNA) 1312; 1994 WL 197121 (Federal Reporter, Third Series)

Counsel

Brenda W. Waltzer, Metairie, LA, Lisa DeGruy, Ponehatoula, LA, for plaintiff-appellant., H. Sloan McCloskey, Medo & Tete, New Orleans, LA, for defendant-appellee.

West v. Resolution Trust Co.

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Opinion of the Court

HIGGINBOTHAM, Circuit Judge:

Matthus M. West sued his former employer for sex and age discrimination. More than seven months after West filed suit, the Civil Rights Act of 1991 became effective. West moved for a jury trial on his sex discrimination claim. The district court denied that motion, but allowed this interlocutory appeal pursuant to 28 U.S.C. § 1292(b) to determine whether the Act’s jury trial and compensatory damage provisions apply retroactively to West’s claim, 788 F.Supp. 897. They do not. See Landgraf v. USI Film Products, — U.S.-, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994).

AFFIRMED.

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