Weiss v. JPMorgan Chase & Company

Weiss v. JPMorgan Chase & Company

Case Number:	1:2006cv04402
Filed:	June 12, 2006
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Denise L. Cote
Presiding Judge:	Ronald L. Ellis
Nature of Suit:	Civil Rights: Jobs
Cause of Action:	29 U.S.C. § 620 Age Discrimination
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
January 13, 2010	Filing 58 OPINION AND ORDER: #98448 The causation standards for Weiss' age discrimination claims under the ADEA and NYCHRL are different as a matter of law. Under the ADEA, Weiss must prove by a preponderance of the evidence that age was a "but-for&q uot; cause of JPMorgan's adverse employment decision. A Price Waterhouse jury instruction will not be available for Weiss' ADEA claim. Under the NYCHRL, however, Weiss need only prove by a preponderance of the evidence that his age was &quo t;a motivating factor" in JPMorgan's decision. If Weiss meets this burden, JPMorgan may attempt to prove that it would have made the same decision even if it had not taken Weiss' age into account. (Signed by Judge Denise L. Cote on 1/13/2010) (jpo) Modified on 1/14/2010 (ajc).
October 28, 2009	Filing 52 SETTLEMENT CONFERENCE ORDER, Settlement Conference set for 12/10/2009 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 10/28/09) (cd)

Date Filed

Document Text

January 13, 2010

Filing 58 OPINION AND ORDER: #98448 The causation standards for Weiss' age discrimination claims under the ADEA and NYCHRL are different as a matter of law. Under the ADEA, Weiss must prove by a preponderance of the evidence that age was a "but-for&q uot; cause of JPMorgan's adverse employment decision. A Price Waterhouse jury instruction will not be available for Weiss' ADEA claim. Under the NYCHRL, however, Weiss need only prove by a preponderance of the evidence that his age was &quo t;a motivating factor" in JPMorgan's decision. If Weiss meets this burden, JPMorgan may attempt to prove that it would have made the same decision even if it had not taken Weiss' age into account. (Signed by Judge Denise L. Cote on 1/13/2010) (jpo) Modified on 1/14/2010 (ajc).

October 28, 2009

Filing 52 SETTLEMENT CONFERENCE ORDER, Settlement Conference set for 12/10/2009 at 11:00 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. (Signed by Magistrate Judge Ronald L. Ellis on 10/28/09) (cd)

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