Marques

Marques v. Bank of America National Trust & Savings Ass'n

Good Law
5 F. App'x 763
United States Court of Appeals for the Ninth CircuitMarch 14, 2001No. 99-16847; D.C. No. CV-96-01932-TEHCalifornia319 words

Opinion

Lead Opinion

MEMORANDUM **

Bank of America appeals the district court’s denial of its motion for judgment as a matter of law following a jury verdict in favor of Virginia Marques on her claim of age discrimination in violation of the Age Discrimination in Employment Act (ADEA), 29 U.S.C. §§ 621-634 . We affirm.

We have carefully reviewed the record, and it is apparent that if the jury believed Marques, which we must assume it did, the evidence was sufficient to support the verdict. See Three Boys Music Corp. v. Bolton, 212 F.3d 477, 482 (9th Cir.2000); Leatherman Tool Group, Inc. v. Cooper Indus., Inc., 199 F.3d 1009, 1011 (9th Cir.1999); see also Reeves v. Sanderson Plumbing Prods., Inc., 530 U.S. 133 ,-, 120 S.Ct. 2097, 2110 , 147 L.Ed.2d 105 (2000).

For example, the jury could have properly determined that, as actually administered, bank policy did not preclude internal job seekers from obtaining the help of their supervisors rather than going through a formal application process. See Gay v. Waiters’ & Dairy Lunchmen’s Union, Local No. 30, 694 F.2d 531 , 548-49 (9th Cir.1982); see also Binder v. Long Island Lighting Co., 57 F.3d 193, 200-01 *764 (2d Cir.1995), overruled on other grounds,…

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