James O'Donnell prevailed on his age discrimination claims under both Ohio law (R.C. 4112.02(A)) and the federal Age Discrimination in Employment Act (ADEA). The jury found that NEON terminated O'Donnell because of his age and awarded damages.
Voluntary satisfaction of judgment garnishment stay of execution age discrimination R.C. 4112.02(A) Age Discrimination in Employment Act 29 U.S.C. 623 motion for directed verdict Civ.R. 50(A)(4) failure to preserve issue for appeal plain error failure to object to jury instructions inconsistent jury verdicts back pay and front pay damages punitive damages Civ.R. 61. Appeal was not moot based on appellant's partial voluntary satisfaction of judgment through garnishment. Appellant failed to preserve the issue of trial court's denial of motion for directed verdict for appeal where it did not renew the motion at close of all evidence. Appellant forfeited all but plain error regarding improper jury instructions and inconsistent verdicts where it failed to raise issues below. Appellant failed to demonstrate plain error. Trial court did not improperly permit plaintiff to reference indictment of a third-party during cross-examination of a defendant. Trial court promptly sustained objection once defendants objected and gave appropriate instruction to the jury regarding the issue. Appellant did not demonstrate that trial court abused its discretion in allowing plaintiff to use Ohio Department of Job and Family Services document during his cross-examination of a defendant or that it was materially prejudiced thereby.
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