arguments at 1 p.m. Thursday, Nov. 4, in the courtroom of the Neal and
Bea Smith Law Center.
The panel will consist of Judge Duane
Benton of Kansas City, Mo., Judge Kermit Bye of Fargo, N.D., and Chief
Judge William Riley of Omaha.
The Eighth Circuit is the court
immediately below the U.S. Supreme Court. The court was last at Drake in
2007. The hearing is open to the public. Each person entering the
courtroom must pass a wand screening by Federal Security personnel.
The court will hear three cases:
- In Haigh v. Gelita USA Inc., the appellant asks the court to reverse
a grant of summary judgment in favor of defendant and send the case
back for trial. The issue involves an age discrimination claim under the
Age Discrimination in Employment Act (ADEA). U.S. District Judge
O’Brien presided at the trial. The primary case relied on by counsel
Michael Carroll is Gross v. FBL, which was the case heard at Drake when
the Eighth Circuit was here in 2007 and which was ultimately decided by
the United States Supreme Court in 2009.
- In Preston v. City of Pleasant Hill, the plaintiff ‘s claims
based on federal question jurisdiction were dismissed on summary
judgment. Plaintiff had been terminated from his position as fire
inspector/investigator as a volunteer firefighter. Plaintiff contents a
violation of procedural due process. U.S. District Judge John Jarvey
granted defendant ‘s motion for summary judgment.
- In Young-Losee v. Graphic Packaging International Inc.,
plaintiff appeals dismissal of claims on summary judgment. Plaintiff
makes a gender retaliation claim alleging that termination occurred
after her complaints about harassment and discrimination. U.S. District
Judge John Jarvey granted defendant ‘s motion for summary judgment.
More information about the Eighth Circuit is at http://www.ca8.uscourts.gov/.