Olson v. Teamsters Local No. 70, International Brotherhood of Teamsters
Opinion of the Court
MEMORANDUM
Randolph Olson appeals the denial of his Fed.R.Civ.P. 60(b) motion and the jury verdict for the United Parcel Service (UPS) on his claim for retaliation. He asserts that there were errors in the jury instructions and on evidentiary rulings. We affirm.
We review de novo Olson’s claim that the district court misstated the elements of his retaliation claim. See Ostad v. Oregon Health Sciences Univ., 327 F.3d 876, 883 (9th Cir. 2003). The district court properly instructed the jury that the decision maker must have knowledge of protected activity to find an employment act retaliatory. See, e.g., Raad v. Fairbanks North Star Borough Sch. Dist., 323 F.3d 1185, 1197-98 (9th Cir. 2003). The district court also properly instructed the jury that the “but for” element of retaliation was met if protected activity was “a motivating factor” for his termination. See Ninth Cir. Model Civ. Jury Inst. 12.3A and Comment.
We agree with Olson that the district court erred in charging the jury with the
The record supports the district court’s denial of the Rule 60(b) motion on the ground that the alleged new statements were consistent with and cumulative of prior evidence presented. The district court properly found that the evidence would not have changed the jury verdict and did not support a finding of misrepresentation. See Jones v. Aero/Chem Corp., 921 F.2d 875, 878-79 (9th Cir. 1990).
Nor does Olson establish that the district court abused its discretion in its remaining jury instructions and evidentiary rulings.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Randolph A. OLSON v. TEAMSTERS LOCAL NO. 70, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA United Parcel Service, Inc.
- Status
- Published