Skip to main content

11th Circuit Reverse Judge Middlebrooks on Age Discrimination Claim!


It's a shop-worn tale:  guy works for decades for insurance company, inadvertently gets old, conveniently gets replaced by younger employee, sues for age discrimination.

But Judge Middlebrooks granted sj to the insurance company.

Here's what the 11th wrote in reversing:
Robert Liebman began working for Metropolitan Life Insurance Company (“MetLife”) as a sales representative in 1985. When MetLife fired him in 2013, he brought this action, making an age discrimination claim under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 623(a)(1), as well as a retirement benefits interference claim under the Employee Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1140. Now before us on appeal, Liebman contests the district court’s grant of summary judgment in favor of MetLife. He argues that the district court erred in holding that he failed to establish a prima facie case under the ADEA because the person who replaced him at MetLife was also over the age of forty. Liebman also argues that the district court erred in finding that he was not qualified for his position, which is a fact necessary to make a prima facie case under both the ADEA and ERISA. Finally, Liebman asserts that in granting MetLife’s motion for summary judgment, the district court improperly weighed evidence and failed to draw all inferences in the light most favorable to him. After careful review and with the benefit of oral argument, we reverse and remand.
Good luck below!

Comments

Post a Comment

Popular posts from this blog

My Kind of Federal Judge!

Sure we have Scott Rothstein and his lovely Tom James clothier Romina Sifuentes, but Louisiana has ED LA judge G. Thomas Porteous Jr.:
A federal judge from Louisiana who had run up big gambling debts routinely solicited money and gifts from lawyers with cases before his court, Congressional investigators said Tuesday as the House opened impeachment hearings in the judge’s case. The judge, G. Thomas Porteous Jr. of Federal District Court, had more than $150,000 in credit card debt by 2000, mostly for cash advances spent in casinos, investigators said. Judge Porteous’s requests for cash became so frequent that one New Orleans lawyer said he started trying to dodge the judge.“He began to use excuses that he needed it for tuition, he needed it for living expenses,” the lawyer, Robert Creely, told a House Judiciary Committee task force. “I would avoid him until I couldn’t avoid him anymore.”
Mr. Creely said he and his law partner, Jacob Amato, gave Judge Porteous an estimated $20,000 o…

Honoring Richard C. Seavey

I drank a shit-ton of bourbon last night. Enough to float a battleship.

My head hurts. But not as much as my heart.

We lost another lawyer over the weekend. Not someone who will receive facebook accolades and other public claims of friendship and statements that he shaped and changed lives and careers. Just a guy who did the best he could with what he had. Every day. And he did very, very well to be the best person he could be. 
Richard Seavey was a profoundly private person. In his 49 years, he walked through more than his share of trials and tribulations, mostly asking for no help, leaning on no one. 

Richard was a fantastic lawyer. He could try a case. He could "litigate" a case. He could mediate and settle a case. He was nuanced. He bent but never broke. The blustery Miami lawyer never scared him. To the contrary, he found humor in it, studying it like a science project. Richard never got too high or too low. He was good at lawyering, but you got the f…

First Carnival Triumph Lawsuit on File!

It was filed in the SD FL (of course) and is pending before Judge Graham.

Check it out here.

The lawyer on the pleading is Marcus R. Spagnoletti.