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131953P.pdf 03/03/2015 Ray Nassar v. Earnestine Jackson
U.S. Court of Appeals Case No: 13-1953
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Gruender, Author, with Bye and Colloton, Circuit Judges]
Civil case - Employment Discrimination. The defendants' nebulous Rule
50(a) motion cannot serve as a basis for an appeal; the court would
construe as a Rule 59 motion that part of defendants' Rule 50(b) motion
that challenged the $340,000 damage award to plaintiff Nassar; without
improperly-awarded front pay, the only evidence of the value of Nassar's
salary and benefits during the term of his contract showed his damages
were $245,639, and the jury's damage award is remitted to that amount; if
Nassar does not accept the award, the district court should conduct a new
trial on the issue; in light of the reduction of Nassar's damage award,
the district court's award of attorneys' fees is vacated and remanded for
further consideration. Judge Bye, concurring in part and dissenting in
part.