[Download] "Bhaya v. Westinghouse Electric Corporation" by United States Court of Appeals for the Third Circuit " Book PDF Kindle ePub Free

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Title: Bhaya v. Westinghouse Electric Corporation
Author : United States Court of Appeals for the Third Circuit
Release Date : January 04, 1987
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 67 KB

Description

This is an appeal from the district courts entry of judgment for the defendant employer under Fed. R. Civ. P. 50(b) notwithstanding the jury verdict for the plaintiffs in this action under the Age Discrimination in Employment Act, 29 U.S.C. ? 621 et seq. We have jurisdiction under 28 U.S.C. ? 1291 to review the final order of the district court. When deciding a motion for judgment notwithstanding the verdict, the trial judge must determine whether the evidence and justifiable inferences most favorable to the prevailing party afford any rational basis for the verdict. Berndt v. Kaiser Aluminum & Chemical Sales, Inc., 789 F.2d 253 (3d Cir. 1986). Our review of the application of this standard is plenary. Id. We find that the district court erred in failing to afford the plaintiffs the benefit of all reasonable inferences to be drawn from the evidence. Consequently we will vacate the order of the district court and remand for reinstatement of the jury verdict in favor of the plaintiffs.