Legal Opinion

Eugene Pierce v. The Atchison Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co.

Court of Appeals for the Seventh Circuit

Decided March 27, 1997No. 96-2403PublishedCited by 38 opinions

1Opinion of the Court

FLAUM, Circuit Judge.

Twice a jury has concluded that a release signed by Eugene Pierce in favor of his former employer, Santa Fe Railroad Co. (“Santa Fe”), did not constitute a knowing and voluntary waiver of his rights under the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621-634. On review of the first such conclusion, this court acknowledged that ADEA rights could be relinquished through a knowing and voluntary waiver and held that whether a waiver was knowing and voluntary should be determined by looking to the totality of the circumstances surrounding the waiver. 65 F.3d…

2Cases cited16 opinions

  1. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  2. K.M.C. Co., Inc. v. Irving Trust CompanyCourt of Appeals for the Sixth Circuit · 1985
  3. Louis E. FULGENCE, Plaintiff-Appellant, v. J. RAY McDERMOTT & CO., Et Al., Defendants-AppelleesCourt of Appeals for the Fifth Circuit · 1981
  4. Eugene Pierce v. The Atchison, Topeka and Santa Fe Railway Co., D/B/A Santa Fe Railroad Co., Cross-AppelleeCourt of Appeals for the Seventh Circuit · 1995
  5. National Equipment Rental, Ltd. v. H. Walter Hendrix, III and Jean K. HendrixCourt of Appeals for the Second Circuit · 1977

11 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Hampton v. Ford Motor Co.Court of Appeals for the Seventh Circuit · 2009
  2. Marshall T. Stewart, Jr. And Isiah Williams v. William Henderson, Postmaster General and United States Postal ServiceCourt of Appeals for the Seventh Circuit · 2000
  3. Gidel Rivera-Flores v. Bristol-Myers Squibb CaribbeanCourt of Appeals for the First Circuit · 1997
  4. Medical Air Technology Corp. v. Marwan Investment, Inc.Court of Appeals for the First Circuit · 2002
  5. Brian Murphy v. Caterpillar Inc.Court of Appeals for the Seventh Circuit · 2025

33 more not listed; retrieve them via the Exa API.

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