Federal Employment Jury Instructions

Description

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 And out-of-date texts are frustratingly incomplete.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.

REVISION 13 HIGHLIGHTS

In this revision of Federal Employment Jury Instructions, Todd McNamara and Mathew Shechter keep you up-to-date in the ever-changing world of employment practice in federal court. With over 40 new and updated instructions, and other critical updates to when instructions should be used and commentary, the best book on federal jury instructions for employment cases is now even better. New material added to this year’s revision includes:

• Updates to account for major changes in the law following U.S. Supreme Court Decisions.
• Major revisions to what situations certain instructions are applicable.
• Updated commentary and sourcing so you can ensure your proposed instructions will be accepted by the Court.
• And much more!

NEW INSTRUCTIONS:

CHAPTER 5, RELIGIOUS DISCRIMINATION

• § Title VII—Discrimination and Retaliation—Damages—Retaliation [§5:770.10]

CHAPTER 8, FAMILY AND MEDICAL LEAVE ACT

• § “Key Employee”—Detailed Definition [§8:542]
• § Legitimate Non-Discriminatory Reason—Honest Belief [§8:721]

CHAPTER 9, CONSTITUTIONAL VIOLATIONS

• § Alternate Instruction—Property Interest—Permanent Employee—Pre-Termination Procedures [§9:261.10]

CHAPTER 12, UNIFORM SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT (USERRA)

• § Reemployment Into Escalator Position [§12:391]

ABBREVIATED TABLE OF CONTENTS

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)
BIBLIOGRAPHY
TABLE OF CASES
INDEX

ABOUT THE AUTHOR

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 31 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 ten million-dollar or more 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 Preeminent Lawyers. In 2009 and 2010, Mr. McNamara was honored as one of Colorado’s “Top Fifty Lawyers.” Mr. McNamara is also listed in Best Lawyers in America under Labor and Employment. Finally, Mr. McNamara has been honored with induction into The College of Labor and Employment Lawyers.