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.
091200P.pdf 02/23/2010 Barbara Ernster v. LUXCO Inc.
U.S. Court of Appeals Case No: 09-1200
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Loken, Author, with Murphy and Bye, Circuit Judges]
Civil case - employment discrimination. Instructions to the jury on the
question of whether plaintiff was an employee or an independent
contractor were not erroneous; while the issue is one of law, when the
question of whether a person is an employee or independent contractor
turns on disputed facts which preclude summary judgment, a bifurcated
jury trial on the issue is one option that a district court has the option
to adopt; there was ample evidence to support the jury's finding that
plaintiff was an independent contractor. Judge Murphy, concurring.