- Revision 13
- Two volumes, 870 pages
- Over 1,000 citations
- Access to digital forms on Jamesforms.com
- ISBN: 1-58012-051-2
Federal Employment Jury Instructions
Forms, authorities, and strategies to evaluate your options and plan for trial, get better settlements, set out the factual and legal elements juries consider, present proof necessary to establish liability, and deliver winning closing arguments.
by Todd J. McNamara and J. Alfred Southerland
- Revision 13
This unique book contains more than 500 current jury instructions, interrogatories and verdict forms.
There is no better way to prepare for trial and improve settlements than to review the anticipated jury instructions. And, if you must go to trial, you want the most accurate, current, and easy-to-understand instructions. But employment law is complex and evolves rapidly. The Circuit Courts don’t always agree on solutions and many don’t have standard instructions. And out-of-date texts are frustratingly incomplete. Federal Employment Jury Instructions can help you master the terrain. This book sets out the specific elements required to plead sufficient claims. And it has all the forms, authorities and strategies that you will need.
Prepare favorable jury instructions that are acceptable to the court, understandable by the jury, and difficult for opposing counsel to challenge. Federal Employment Jury Instructions provides conversational, balanced, and accurate charges. Supported by over 1,350 case citations that highlight circuit variations, these plain-English statements of federal employment law will help you:
- Evaluate your case and pinpoint its weaknesses
- Target your discovery
- Prepare and organize your proof element-by-element
- Efficiently draft charges that will survive the jury instruction conference
- Assemble persuasive closing arguments
It is also a valuable research guide. Commentary and caveats explain splits among the circuits, pitfalls to avoid, and strategies needed to win. It outlines all the elements necessary for claims brought under federal statutes, including Title VII, §1983, ADA, ADEA, FMLA, and others. Federal Employment Jury Instructions amounts to a practical reference guide. You will be able to quickly find answers to questions like these:
- When, if ever, can a plaintiff sue a State employer under the ADEA? §2.210
- What amount of proof must an employee offer to demonstrate pretext in discrimination cases? §§2:320, 3:250
- Can an individual bring a discrimination claim based simply on his association with people of particular race or national origin? §3:110
- Do the Supreme Court decisions of Murphy, Kirkingburg, and Sutton narrow the ADA? §§4:10, 4:160
- What must a plaintiff prove in a hostile environment sexual harassment case? §1:70:30
- Does Kolstad change punitive damage awards for workplace bias? §4:50
This unique book contains more than 1000 jury instructions, interrogatories and verdict forms, and can be accessed using your own preferred word processing program.
CHAPTER 1. GENDER DISCRIMINATION AND SEXUAL HARASSMENT
CHAPTER 2. AGE DISCRIMINATION
CHAPTER 3. RACE AND NATIONAL ORIGIN DISCRIMINATION
CHAPTER 4. DISABILITY DISCRIMINATION
CHAPTER 5. RELIGIOUS DISCRIMINATION
CHAPTER 6. FAIR LABOR STANDARDS ACT
CHAPTER 7. FEDERAL CREDIT UNION ACT
CHAPTER 8. FAMILY AND MEDICAL LEAVE ACT
CHAPTER 9. CONSTITUTIONAL VIOLATIONS (42 U.S.C. §1983)
CHAPTER 10. SECTION 301 BREACH OF CONTRACT/BREACH OF FIDUCIARY DUTY CLAIMS
CHAPTER 11. FEDERAL EMPLOYER NEGLIGENCE STATUTES
CHAPTER 12. UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)
TABLE OF CASES
Todd J. McNamara is a partner with the firm of McNamara, Roseman, Martinez & Kazmierski LLP in Denver, Colorado. The firm focuses its practice on the representation of employees in all employment-related legal matters. With over 28 years of experience, Mr. McNamara practices exclusively in the area of employment law, ERISA and class actions, typically representing employees. Mr. McNamara served as lead counsel and co-counsel in the two largest ADEA class actions successfully resolved within the state of Colorado, and secured the first race discrimination jury verdict against the largest real estate sales organization in the world for failure to bring a franchise to an African American. Additionally, Mr. McNamara secured two of Colorado’s largest ERISA recoveries, as well as a total of nine other million-dollar recoveries for victims of discrimination.
Mr. McNamara serves on the Board of Directors for the Plaintiffs Employment Lawyers Association in Colorado, and is a Member of and has frequently lectured for the National Employment Lawyers Association both locally and nationally. He has written extensively and has been published in The Colorado Lawyer, and Trial Talk, among other publications. Mr. McNamara has been listed in Colorado Super Lawyers, since its inception, as well as Martindale Hubbell’s Bar Register of Pre Eminent Lawyers. Mr. McNamara is also listed in Best Lawyers in America under Labor and Employment. Mr. McNamara has been honored with induction into The College of Labor and Employment Lawyers.
J. Alfred Southerland is a shareholder in the Houston, Texas, office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. (“Ogletree Deakins”). With over 20 years of experience, Mr. Southerland’s practice focuses on labor and employment-related litigation before state and federal courts and agencies, including claims involving equal employment opportunity laws, unfair labor practices, wage and hour issues, unemployment compensation, wrongful discharge, state law tort and contract claims, occupational safety and health matters, and immigration. He also counsels clients regarding developments in the areas of counseling and discharge issues, workers’ compensation, family and medical leave, wrongful discharge, and restrictive employment covenants. Mr. Southerland’s experience includes the design and development of personnel policies and management counseling that is designed to help minimize exposure to costly litigation and disputes.
Mr. Southerland is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is a member of the American Employment Law Council, a chapter chair to the 1998 supplement of Employment Discrimination Law, the author of “State and Local EEO and Other Workplace Laws” found in the Employment Law Deskbook for Human Resource Professionals, co-author of National Origin Discrimination Based on Accent or Manner of Speech, and is an associate editor of the Texas Employment Law Handbook. Mr. Southerland frequently speaks at employment-related seminars and has written and lectured extensively on labor and employment issues.
Ogletree Deakins is one of the nation’s largest labor and employment firms, specializing exclusively in the representation of management in all types of employment-related legal matters. For more than a quarter century, Ogletree Deakins has offered clients national representation in every aspect of labor and employment law. The firm also has thriving practices focusing on business immigration, employee benefits, environmental, and occupational safety and health law. The firm represents a diverse range of clients, including more than half of the Fortune 500 corporations in the U.S. Ogletree Deakins has 28 offices across the country, in cities including Atlanta, Georgia; Austin, Dallas, Houston, and San Antonio, Texas; Chicago, Illinois; Los Angeles and Torrance, California; Miami and Tampa, Florida; Birmingham, Alabama; Greenville, Columbia, and Charleston, South Carolina; Indianapolis, Indiana; Kansas City, Missouri; Morristown, New Jersey; Nashville, Tennessee; Charlotte, Greensboro, and Raleigh, North Carolina; Cleveland, Ohio; Pittsburgh and Philadelphia, Pennsylvania; Washington, D.C.; and St. Croix, Virgin Islands.
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