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MEDLOCK v. ORTHO BIOTECH, INC.

No. 97-3037.

164 F.3d 545 (1999)

Oliver MEDLOCK, Jr., Plaintiff-Appellee, v. ORTHO BIOTECH, INC., Defendant-Appellant, and Johnson & Johnson Companies, Ortho Pharmaceutical Corp., William C. Pearson, III, W. Thomas Amick, James A. Moreland, Richard W. Zahn, C. Daniel Smith, Craig Manjean and Carol Webb, Defendants. Equal Employment Advisory Council, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

January 5, 1999.

Attorney(s) appearing for the Case

David J. Waxse (Barbara A. Harmon with him on the briefs) of Shook, Hardy & Bacon, L.L.P., Overland Park, Kansas, for the Defendant-Appellant.

Alan V. Johnson of Sloan, Listrom, Eisenbarth, Sloan & Glassman, L.L.C., Topeka, Kansas, for the Plaintiff-Appellee.

Robert E. Williams, Ann Elizabeth Reesman, and Jennifer Nicole Long of McGuiness & Williams, Washington, D.C., filed an amicus curiae brief for the Equal Employment Advisory Council.

Before BRISCOE, McWILLIAMS and LUCERO, Circuit Judges.

LUCERO, Circuit Judge.

After a seven-day trial, a jury found that Ortho Biotech, Inc. ("OBI") had terminated Oliver Medlock, Jr. in retaliation for his filing and pursuing a claim of discrimination based on race in violation of Title VII. The questions we must resolve on appeal are: (1) did Medlock present sufficient evidence to support the jury's finding of retaliatory discharge as well as its award of punitive damages; (2) did the district court err in administering...

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