Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Clemens v. Centurylink Inc.

United States Court of Appeals, Ninth Circuit

November 3, 2017

Arthur Clemens, Jr., Plaintiff-Appellee/ Cross-Appellant,
v.
Centurylink Inc., Defendant, and Qwest Corporation, Defendant-Appellant/ Cross-Appellee.

          Submitted October 2, 2017 Seattle, Washington

         Appeal from the United States District Court for the Western District of Washington D.C. No. 2:13-cv-01793-JPD, James P. Donohue, Magistrate Judge, Presiding Argued and

          Eric D. Miller (argued) and James Sanders, Perkins Coie LLP, Seattle, Washington, for Defendant-Appellant/Cross-Appellee.

          Alexander J. Higgins (argued), Law Offices of Alex J. Higgins, Seattle, Washington; Rebecca E. Ary, Law Office of Rebecca E. Ary, Seattle, Washington; Daniel F. Johnson, Breskin Johnson & Townsend, Seattle, Washington; for Plaintiff-Appellee/Cross-Appellant.

          Before: Kim McLane Wardlaw, Richard R. Clifton, and John B. Owens, Circuit Judges.

         SUMMARY [*]

         Labor Law

         The panel vacated the district court's order denying the plaintiff a tax adjustment of a damages award in a Title VII case.

         Agreeing with the Third, Seventh, and Tenth Circuits, the panel held that in Title VII cases, district courts have discretion to award the equitable relief of a "gross-up" adjustment to compensate for increased income-tax liability resulting from a plaintiff's receipt of a back-pay award in one lump sum.

         The panel remanded the case for further proceedings. It addressed other issues in a concurrently filed memorandum disposition.

          OPINION

          OWENS, Circuit Judge

         Arthur Clemens, Jr., sued his employer Qwest Corporation ("Qwest") for Title VII violations. A jury awarded damages for back pay and emotional distress, as well as punitive damages. On appeal, Clemens challenges the district court's refusal to consider adjusting his lump-sum back-pay award to account for the corresponding increase in his tax liability. We have jurisdiction under 28 U.S.C. § 1291. We vacate the district court's order denying a tax adjustment and remand for further proceedings.[1]

         I. FACTS AND PROCEDURAL HISTORY

         In 2008, Qwest initiated disciplinary proceedings against Clemens, a long-time employee and active union member. For a period longer than the American Civil War, Clemens and Qwest contested his work performance in internal proceedings and ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.