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Gerald F. Deters and Lynn Rahfeldt
v.
International Union, Security, Police and Fire Professionals of America, Local Union #249
Appellee
Gerald F. Deters and Lynn Rahfeldt
Appellant
International Union, Security, Police and Fire Professionals of America, Local Union #249
Attorney for the Appellee
Nicole S. Facio
Attorneys for the Appellant
Matthew J. Clark
Jay Smith
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Story County, James C. Ellefson, Judge. AFFIRMED AND REMANDED. Considered by Vaitheswaran, P.J., and Tabor and Schumacher, JJ. Opinion by Tabor, J. (10 pages)
A labor union appeals the district court decision denying its motion for a new trial based on several evidentiary rulings in an age discrimination lawsuit. The union contends the court abused its discretion by improperly excluding relevant opinion testimony of similarly situated employees. OPINION HOLDS: Because we find the opinion testimony was inadmissible and excludable under Iowa Rules of Evidence 5.401, 5.701, and 5.403, the district court did not abuse its discretion in excluding the testimony of the similarly situated employees. We also find insufficient evidence the union was prejudiced by those evidentiary rulings. For these reasons, we affirm. Upon request of the plaintiffs for appellate attorney fees, we grant their request and remand to the district court for determining the amount.