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Pennington v. Western Atlas, Inc.,
202 F.3d 902 (6th Cir. (Ky.) Feb 7, 2000)
Pennington and a co-employee, Cunningham, were laid off their
jobs as part of a workforce reduction program. They were terminated at ages 60
and 59, respectively. Both men testified that they had hoped to work until age
65, and thereby continue to receive the employer’s contributions to their
pension funds. The Defendant advanced several reasons for the terminations, and
the Plaintiffs responded with evidence that the proffered reasons were pretexts
for terminating the employees to avoid further payments to their pensions.
A district court heard the Plaintiff’s claims arising
under the ADEA and found for the Defendant. The Plaintiffs appealed. The Sixth
Circuit upheld the district court judgment, stating that the ADEA claims were
not eligible for review since the Plaintiff’s counsel had neglected to make
a motion for a new trial or a motion for a judgment notwithstanding the verdict.
No explanation was given as to why counsel failed to make these motions. Since
the appellate court refused to hear an appeal, the judgment of the district court
was affirmed.
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