DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
011178P.pdf 04/16/2002 Jerry Ross v. Garner Printing Co.
U.S. Court of Appeals Case No: 01-1178
Southern District of Iowa
Civil case - contracts. While district court arguably erred in refusing
to give an instruction on after-acquired evidence of misconduct by
terminated plaintiff, the other instructions adequately covered the issue
and there is no indication jury did not consider the conduct; under Iowa
law plaintiff was not required to prove he performed his duties under the
contract and burden rests on employer to prove affirmative defense that it
had good cause for dismissal; instruction that plaintiff had no duty to
mitigate damages was not erroneous; district court did not err in
excluding evidence of alleged attempt to bribe a witness as defendant
failed to move to modify the pre-trial order in order to make the
evidence admissible; judge's comment to jury that they would have to
return to deliberate on Monday morning did not amount to coercion.