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Sharkey v. Lasmo (AUL LTD.)

Although jury should not have been instructed regarding burden shifting in age discrimination suit, matter was superfluous and did not prejudice defendant; pension benefits are compensation for past economic loss and defendant entitled to service and salary credits under pension plan for same period that jury awarded backpay.

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The full case caption appears at the end of this opinion.

Defendant Ultramar Corporation (“Ultramar”) appeals from the October 13, 1998 judgment on the jury’s verdict entered in favor of the plaintiffand against Ultramar, and from the July 7, 1999 Opinion and Order denying Ultramar’s motion for judgment as a matter of law pursuant to Fed.R. Civ. P. 50(b) or, in the alternative, for a new trial pursuant to Fed. R. Civ. P. 59(a). See Sharkey v. Lasmo (AUL Ltd.), 55 F. Supp. 2d 279(S.D.N.Y. 1999). Plaintiff Sharkey cross-appeals from the August 3, 1998 Opinion and Order denying his motion for equitable relief. SeeSharkey v. Lasmo (AUL Ltd.), 15 F. Supp. 2d 401 (S.D.N.Y. 1998). We affirm the judgment and the order denying defendant’s post-judgmentmotion. We vacate the order denying plaintiff’s motion for equitable relief and remand for further proceedings.

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