Ex parte David Otto Jacobson PETITION FOR WRIT OF CERTIORARI TO THE COURT OF CRIMINAL APPEALS (In re: David Otto Jacobson v. State of Alabama) (Etowah Circuit Court: CV-23-92 Criminal Appeals: CR-2023-0984).

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that it is error to submit McDonnell-Douglas instruction to the jury
• noting that where a damages award includes compensation for lost wages, it is ordinarily an abuse of discretion not to include pre-judgment interest as the basis for the prejudgment interest calculations
• explaining that if jury’s award included value of lost pension benefits, then plaintiff would have already been compensated and “is not entitled to equitable relief that would duplicate the relief awarded by the jury”
• expressing the view that \[i]nstructing the jury on [the] complex process [of McDonnell Douglas burden-shifting] produces no benefit and runs the unnecessary risk of confusing the jury\
• demonstrating a jury may resolve the ultimate question of whether the Plaintiff has met “the burden of proving that the defendant was motivated by prohibited discrimination” or retaliation
• “pension credits” in form of “service and salary credits” coextensive with back pay award should be treated as back pay

Source: CourtListener parenthetical corpus (CC0).