Wyatt

Wyatt v. Horkley Self-Serve, Inc.

Good Law
325 F. App'x 488
United States Court of Appeals for the Ninth CircuitApril 1, 2009No. 08-35063California823 words

Opinion

Lead Opinion

MEMORANDUM *

James H. Horkley and defendant/appellant corporations (“Horkley”) appeal several decisions made by the district court during a trial in which the jury ultimately found Horkley hable for sexually harassing Jodi Wyatt. A jury awarded Wyatt a total judgment on the merits of $466,250.00 against the appellants. The district court awarded Wyatt’s request for attorneys’ fees in the amount of $291,701.61, which included fees for a previous appeal to this court.

*490 We have jurisdiction over this timely appeal, and we affirm.

I

Horkley asserts that the district court erred in not granting his motions for a directed verdict or judgment as a matter of law brought on the ground that Wyatt had failed to satisfy the numerical jurisdictional requirement of both Title VTI of the Civil Rights Act of 1964, 42 U.S.C. § 1981 et seq., and the Idaho Human Rights Act, Idaho Code § 67-5901 et seq. We disagree. The court correctly ruled that Horkley admitted the numerical jurisdictional elements in his answers to paragraph 6 of Wyatt’s complaints. Moreover, Horkley’s motions were untimely.

II

Horkley contends that Wyatt did not adequately plead assault and battery with information…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.