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Employment – Age discrimination

Where a jury rendered a verdict in favor of the plaintiff in an age discrimination action brought pursuant to Massachusetts law, the verdict should be upheld, as the trial judge committed no error in (1) giving a mixed-motive jury instruction, (2) failing to certify the mixed-motive issue to the Supreme Judicial Court or (3) not instructing the jury on the 300-day statute of limitations.

Diaz v. Jiten Hotel Management, Inc. (Lawyers Weekly No. 01-038-12) (16 pages) (Stahl, J.) (1st Circuit) Appealed from a judgment entered by Young, J., in the U.S. District Court for the District of Massachusetts. Ryan C. Siden for the plaintiff-appellant; Lynn A. Leonard for the defendant-appellee (Docket Nos. 11-1505 and 1575) (Feb. 7, 2012).