JENCKS v MODERN WOODMEN OF AMERICA 2007 FindLaw


Summary judgment is appropriate “if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. “When applying this standard, we view the evidence and draw reasonable inferences therefrom in the light most favorable to the nonmoving party.” Simms, 165 F.3d at 1326. On March 16, 2005, the district court informed the parties MWA’s motion to dismiss would be converted to a motion for summary judgment. It ordered Jencks to respond and granted MWA leave to reply.2 Jencks responded, reiterating her contention that as a former employee she had standing under Title VII, the Settlement Agreement did not negate her claim, and she had made a prima facie case of retaliation. Attached to her response was her statement signed “under penalty of perjury” and copies of the solicitation letters.

Steven Eaton has been the subject of at least one customer complaint that we know about. Customers alleged they repeatedly informed Mr. Eaton customers did not want a fixed annuity. Customers further alleged Mr. Eaton invested the money into a fixed annuity with MWA without customer’s approval, and that the application was forged, and Mr. Eaton never presented the application to the customers.

Tuberculosis was the leading cause of death among Modern Woodmen members when the society opened the Modern Woodmen Tuberculosis Sanatorium. Following World War II, antibiotics became available and TB declined in the United States. The facility closed in 1947, when TB ranked eighth in leading causes of death. The facility cost $1.5 million to build and was named one of the most outstanding institutions for the treatment of TB by the American College of Surgeons. From 1909 to 1947, the sanatorium provided free treatment to more than 12,000 members.

Societies from old line mutual insurance companies. We see no circumstances tending to establish the contention of appellant as to the nature of the contract except that it calls itself a fraternal society and applies to the insured the designation of `brother’ when denying liability for a disability it had insured him against.” Of Crawford Moses’ Digest, commonly referred to as the New York Conference Act, and act 237 of the Acts of 1927, page 800, and act 245 of 1927, page 836, and the powers of such societies have been greatly enlarged. The act of 1917, above referred to, is very comprehensive and contains 32 sections covering practically every phase of the operation of such societies, and act 237 of 1927, above referred to, is very comprehensive and contains 26 sections. Section 2 provides that they shall be governed by this act, and “shall be exempt from the provisions of all insurance laws of this state, and no law hereafter passed shall apply to said societies, orders or associations, unless it be expressly designated therein.” Unfortunately, that left the couple without coverage during John’s life insurance application process.

VII. The reasonable expectations of the Plaintiffs were that they would be given the investments promised, the interest on the investments, and the life insurance promised, together with the promised ability to withdraw monies if needed. II. Defendants, acting in concert, sold the Plaintiffs as “investments” what were later termed life insurance policies. I. Plaintiffs are residents of Tulsa County, State of Oklahoma. Defendant is a foreign insurance company registered and doing business in Tulsa County, State of Oklahoma. Defendant Bells and Hurst sold investments and/or insurance to the Plaintiffs placing jurisdiction and venue properly in this court.

He had one final medical test pending when he died. The amendment challenged by Modern Woodmen and Bowen was filed 90 days after the trial court had granted the plaintiffs’ motion to dismiss their claims sandpoint rv parks against Celtic. The plaintiffs were not obligated to persist in proving allegations about Celtic and its policy that they did not need to prove to establish their claims against Modern Woodmen and Bowen.

Under the ADEA, liquidated damages are permitted only in cases of “willful violations.” 29 U.S.C. § 626. It is now established that a violation is “willful” if the “employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the ADEA.” Trans World Airlines, Inc. v. Thurston, ___ U.S. ___, 105 S.Ct. Toastmaster contends that the evidence in this case does not support an award of liquidated damages because its conduct cannot reasonably be held to meet the Thurston test for willfulness. Based upon the evidence, the jury could reasonably believe that age was a determining factor in Toastmaster’s decision to fire Gilkerson.

Once such a showing has been made, the burden of production shifts to the employer to produce evidence showing that its actions were taken for legitimate, nondiscriminatory reasons. If the employer succeeds in making such a showing, the ultimate burden of persuasion lies with the plaintiff to show that age was a determining factor in the actions taken by the employer. Jorgensen v. Modern Woodmen of America, 761 F.2d 502, 504 (8th Cir. 1985); Cleverly v. Western Electric Co., 594 F.2d 638, 641 (8th Cir. 1979); Cova v. Coca-Cola Bottling Co. of St. Louis, 574 F.2d 958, 960 (8th Cir. 1978). Toastmaster first contends that based upon the evidence before it, the jury could not reasonably conclude that age was a determining factor in Gilkerson’s discharge and that its motion for judgment notwithstanding the verdict, or alternatively for a new trial, should have been granted. 1922 A practical joke by DeMoulin employees on a local railroad shipping agent involving a DeMoulin trick chair leads to a lawsuit that eventually costs the factory $5,000.

You can trust that Modern Woodmen manages its money and business practices wisely and responsibly. The My Whole Life® policy is a whole life policy geared for people seeking higher levels of coverage. It also allows you to set your premium payment schedule, so you can buy the policy in full in a one-time payment or over a set period of time. Once you’ve chosen your premium schedule, your premiums won’t change.

Ed begins his lodge regalia and paraphernalia business with the Modern Woodmen of America as the sole client. William A. Northcott, a Greenville resident and friend of Ed’s, quietly invests in the business. DeMoulin built his home on 4th Street in 1900 at a cost of $5,000. Greenville’s first tennis court was constructed on the grounds in 1912. U.S. lived there until his death on July 11, 1955.