Ash v. Tyson Foods, Inc., No. 08-16135 (11th Cir. 2011)
Annotate this CasePlaintiff filed a petition for rehearing en banc, which also operated as a petition for panel rehearing. The court granted the petition and vacated its earlier opinion. This appeal involved plaintiff's claim under 41 U.S.C. 1981, for racial discrimination based on Tyson Foods' failure to promote him to shift manager at its Gadsden, Alabama chicken processing plant. Plaintiff challenged the district court's judgment vacating the jury's punitive damages award. Tyson Foods challenged the district court's refusal to enter judgment in its favor based on the law of the case, the district court's denial of its motion for judgment as a matter of law based on insufficient evidence of discrimination, a number of evidentiary rulings the court made, and the court's refusal to order remittitur of the jury's award of compensatory damages. The court addressed each issue and ultimately affirmed the judgment of the district court.
This opinion or order relates to an opinion or order originally issued on August 17, 2010.
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