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Statutes and the Creation of Public Policy Keyed to Eskridge, 7th Ed.
Lorillard v. Pons
Citation:
434 U.S. 575 (1978)Facts
Respondent Pons commenced an action against petitioner Lorillard, her former employer, alleging that she had been discharged because of her age in violation of the Age Discrimination in Employment Act. She sought various forms of relief including reinstatement, lost wages, liquidated damages, attorney’s fees, and costs. Respondent demanded a jury trial on all issues of fact. Petitioner moved to strike the jury trial demand. The District Court granted the motion to strike but certified the issue for interlocutory appeal. The Court of Appeals for the Fourth Circuit allowed the appeal and vacated the trial court’s order, ruling that both the ADEA and the Seventh Amendment afforded respondent the right to a jury trial on her claim for lost wages.
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