· 7/30/1986
Alvin Hunter v. Allis-Chalmers Corporation, Engine Division, and Andre J. Lambert, Defendants
Citations
- 797 F.2d 1417
- 21 Fed. R. Serv. 188
- 1986 U.S. App. LEXIS 27694
- 41 Empl. Prac. Dec. (CCH) 36,417
- 41 Fair Empl. Prac. Cas. (BNA) 721
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that issues cannot be preserved by reference to documents filed in the district court; issues must be argued to be preserved
- holding that “it is within the discretion of the dis- trict judge whether to deduct unemployment benefits from backpay,” but noting that the majority of circuits hold that unemployment benefits may never be deducted
- holding that the issue was waived because “[o]ur rules do not permit issues to be preserved by references to documents filed in the district court … . Issues must be argued to be pre- served”
- noting that employer will not usually be liable under respondeat superior for employee's racial harassment because it \would be the rare case where racial harassment . . . could be thought by the author of the harassment to help the employer's business\
- noting that employer will not usually be liable under respondeat superior for employee’s racial harassment because it “would be the rare ease where racial harassment . . . could be thought by the author of the harassment to help the employer’s business”
- noting that plaintiff might have had difficulty securing a new job because he was fired for falsifying records, but finding that his job search efforts were “not sufficiently assiduous to test this hypothesis”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wood, Posner, Fairchild
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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