Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

Davey v. Lockheed Martin Corp.

United States Court of Appeals for the Tenth Circuit
301 F.3d 1204 (10th Cir. 2002)


Susan Davey (plaintiff) sued Lockheed Martin Corp. (LMC) (defendant) for employment discrimination and retaliation under Title VII of the Civil Rights Act of 1964. The original pretrial order was filed a year and a half before trial. The parties agreed to make several amendments and filed a new pretrial order on August 20, 1999, the Friday before trial was set to begin. LMC had moved to amend the order to include a new affirmative defense of good faith compliance with Title VII based on the ruling in Kolstad v. American Dental Assoc., 527 U.S. 526 (1999), which was handed down by the Supreme Court of the United States two months before. If successful, the defense would have barred a punitive damage award against LMC. Davey objected, and the district court refused to allow LMC to present evidence related to the defense on the ground that allowing LMC to raise the issue would be “fundamentally unfair” to Davey. The court reasoned that permitting the defense would be prejudicial to Davey, who had not had an opportunity to conduct discovery on the issue. The jury found in favor of Davey on one of the retaliation claims. In addition to compensatory damages and damages for lost wages and attorneys fees, Davey was awarded $200,000 in punitive damages. LMC appealed to the United States Court of Appeals for the Tenth Circuit, asserting that the district court erred in refusing to permit LMC to present its Kolstad defense.

Rule of Law


Holding and Reasoning (Briscoe, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 407,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial