Legal Opinion

John D. OLITSKY, Plaintiff-Appellee, Cross-Appellant, v. SPENCER GIFTS, INC., Defendants-Appellant, Cross-Appellee

Court of Appeals for the Fifth Circuit

Decided July 28, 1992No. 91-1010PublishedCited by 69 opinions

1Opinion of the Court

WIENER, Circuit Judge:

Spencer Gifts, Inc. (Spencer) appeals a judgment against it for firing John D. Olitsky in violation of the Age Discrimination in Employment Act (ADEA)1 and the Employee Retirement Income Security Act (ERISA).2 Olitsky cross-appeals, arguing that the district court erroneously refused to double the jury’s award of front pay as liquidated damages under the ADEA. Finding no merit to the arguments of either party, we affirm.

I

FACTS

In December 1983,. Spencer fired Olitsky from his position as merchandise manager. Olitsky was 53 years old. Spencer originally hired Olitsky in…

2Cases cited18 opinions

  1. McDonnell Douglas Corp. v. GreenSupreme Court of the United States · 1973
  2. Texas Department of Community Affairs v. BurdineSupreme Court of the United States · 1981
  3. United States Postal Service Board of Governors v. AikensSupreme Court of the United States · 1983
  4. Henry W. BIENKOWSKI, Plaintiff-Appellant, v. AMERICAN AIRLINES, INC., Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1988
  5. Jaime Blum, Brij Kapur and James C. Spitsbergen, in 86-5349 v. Witco Chemical Corporation, in 86-5310Court of Appeals for the Third Circuit · 1987

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3Cited by69 opinions

  1. Bodenheimer v. PPG Industries, Inc.Court of Appeals for the Fifth Circuit · 1993
  2. Rimkus Consulting Group, Inc. v. CammarataDistrict Court, S.D. Texas · 2010
  3. Hagan v. Echostar Satellite, L.L.C.Court of Appeals for the Fifth Circuit · 2008
  4. Kanida v. Gulf Coast Medical Personnel LPCourt of Appeals for the Fifth Circuit · 2004
  5. Michael Nero v. Industrial Molding CorporationCourt of Appeals for the Fifth Circuit · 1999

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