And The Defense Wins

On September 30, 2016, DRI member David V. Batt, senior partner of Lobman, Carnahan, Batt, Angelle & Nader in New Orleans prevailed, on behalf of the defendant, Gardner Realtors, in a jury trial in the U.S. District Court for the Eastern District of Louisiana, in the case of Reuther v. Gardner Realtors, No. 2:2015-cv-02850.

The plaintiffs’ complaint was focused on a claim of discrimination based on ageism in the workplace. Plaintiffs also brought broad claims of discrimination based on the ADEA, Title VII, and the ADA against Gardner. Plaintiffs, who were Managers/Real Estate Agents with Gardner (a multi-state residential realtor), claimed that they were wrongfully discharged by Gardner Realtors on the basis of their age, and for health reasons. Plaintiffs were seeking damages for wrongful termination, lost earnings, diminished reputation, emotional distress, and mental anguish, as well as punitive damages under Title VII. After a five day trial, the jury found no discrimination and awarded zero damages.

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